M/s Royal Digital Colour Lab v. The State of Andhra Pradesh
WP/14199/2018 · 2025-04-23
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56153 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56153 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 14199 OF ?ni« 'Y Between; Lab, Represented by Managing Partner Ch. Appa Read TM
"o"" 6-1-8/2, Rangachari Road, T Nagar, Rajamahendravarara, East Godavari District. ...PETITIONER AND
1. The State of Andhra Pradesh, rep by its PrI Secretary, M.A and U D Department, Secretariat, Velagapudi, Guntur District. 2. The R^amahendravaram Wldnicipal Corporation, Represented by its Commissioner, Rajamahendravaram, East Godavari District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ, order may or orders specially one in the nature of Writ demand bill Bearing for 2018- of Mandamus declaring the Trade .License 2019, TIN No. TL/08507, 2016, for an amount of Rs 6667/-, dt 07-02-2018 issued by the 2nd Commissioner of the 2nd respondent herein is illegal arbitrary, violative of Principles of Natural Justice, violative of Articles 14 and 19(g) of the Constitution of India; and also country to the provisions of the A.P. Municipal Corporation Act 1994 (GHMC Act) and consequently set aside the demand notice dated 07-02-2018, supra. lA NO: 1 OF 2Q1fi Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent not to insist the demanded amount the notice dated 07-02-2018 before praying that in the circumstances as considering the representation dt on behalf of the petitioner pending disposal of the above 22-02-2018, issued Writ Petition.
Counsel for the Petitioner: SRI T V JAGGI Counsel for the Respondent No.1: GP MUNCIPAL REDDY ADMN AND URBAN DEV Counsel for the Respondent No.2: SRI A PANDURANGA The Court made the foilowl RAO ing: ORDER
7 % a -■-■c APHC010309842018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 14199/2018 Between: ...PETITIONER M/s Royal Digital Colour Lab AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.T V JAGGI REDDY Counsel for the Respondent(S):
1 .ANCHA PANDURANGA RAO 2.GP MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following:
IT 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.14199 of 2018
ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“.....to issue Writ order or orders specially one in the nature of Writ of Mandamus declaring the Trade License demand bill Bearing for 2018-2019 TIN No. TL/08507/2016 for an amount of Rs.6,667/- dt 07.2.2018 issued by the 2""* Commissioner of the 2"‘‘ respondent herein is illegal, arbitrary, violative of Principles of Natural Justice, violative and 19(g) of the Constitution of India and also contrary to the provisions of the A.P. Municipal Corporation Act, 1994 (GHMC Act) and consequently set aside the demand notice dated 07.02.2018, supra and pass....” \ rvf /TiO 1/1 Ul tlC/l WO X -T
2. The Petitioner is doing business by running photo studio/stores wherein the petitioner undertakes to take photographs, sale of photo frames and all other activities relating to photography. It is stated that the staff of Respondent Corporation visited the photo studio on 27.02.2015and informed him that the trade license fee for the studios have increased and collected Rs.5,000/- for the year 2015-16. Thereafter, the Respondent/Corporation had issued demand notice calling upon the Petitioner to pay an amount of Rs. 6,667/- for payment of trade license fee for the financial year 2018-
19. Hence, the present Writ Petition is filed. ) > ]
3
3. Learned counsel for the Petitioners, relied upon a decision of this Court in W.P.No. 9583 of 2012 and batch, dated 21.07.2015. Wherein this Court held that the Respondent/ Corporation does not have power to insist for Trade License, unless it comes under purview of Section 403, 404, 624 and 625 of the Hyderabad Municipal Corporation Act, 1955.
4. Learned Standing Counsel for the Respondent/ Corporation does not refute the same.
5. In that view, the Writ Petition is disposed of in terms of order of this Court dated 21.07.2015 passed in W.P.No.9583 of 2012 and batch and the impugned notice for imposing Trade License fee by the Respondents against the petitioners is hereby set aside. No
order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.
Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To
1. The Principal Secretaiy, A and U.D, Department, Secretariat, Velagapudi, Guntur District
2. The Commissioner, Rajamahendravaram Municipal Corporation, Rajamahendravaram, East Godavari District.
3. One CC to Sri T V Jaggi Reddy, Advocate [OPUC]
4. One CC to Sri A Panduranga Rao, Advocate [OPUC]
5. Two CCs to GP for Muncipal Admn and Urban Dev, High Court Of Andhra Pradesh. [OUT]
6. Three CD Copies TF(gsg)
HIGH COURT DATED:24/04/2025
ORDER WP.No.14199 of 2018 disposing of the W.P., WITHOUT COSTS