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(SHoW CAUSE NoTICE BEFORE ADMISSION)e

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND

TWENTY TWO

:PRESENT:
THE HONOURABLE SRIJUSTICE UJJAL BHUYAN

THE HoNoURABLE MRSIU3,,..,,*=,ALLI NANDA

WRIT PETITION NO: 22739 OF 2022

Between:
M/s. Aurobindo Pharma Limited, A company incorporated under the
provisions of the Companies Act, 1956 Having its registered office at Plot No.
2, Maitrivihar, Ameerpet, Hyderabad - 500 038.
Unit At:
Unit No. 3, 8-45/'1A, Coca Cola Road, Bachupaly.
Unit At:
Unit 12, 8-4513, Coca Cola Road, Bachupaly Represented by V Praveen
Krishna
Petitioner

AND

1. State of Telangana, Dept of Municipal Administration And Urban Development

(MA), Rep by its Principal Secretary.
2. The Nizampet Municipal Corporation, Nizampet Municipal Corporation Office,
Old Gram Panchayat Office, Pragathi Nagar, Medchal- Malkajgiri District,
Hyderabad - 500090 Rep by its Commissioner.
Respondents

WHEREAS the Petitioner above named through its Advocate SRI VIKRAM
POOSERLA presented this Petition under Article 226 ol the Constitution of lndia
praying that in the circumstances stated in the affidavit filed therewith, the High Court
may be pleased be pleased to issue a writ, order or direction more particularly one in
the nature of Writ of Mandamus-

Declaring that trade "licence fees" are not leviable on the Petitioners
factories under the Telangana Municipalities Act, 2019, and,
. Declaring Rules 3 and 4(1) of the Telangana Municipalities Trade
Licenses (Regulation of Issue and Renewal) Rules, 2020, to the
extent that the State Government itself has fixed the trade license
fees, as ultra-vires the provisions of the Telangana Municipalities Act,
2019, arbitrary, unreasonable, unlawful and unconstitutional and
violative of the petitioners rights guaranteed under Article 14 and
 19(1Xg) of the Constitution of lndia, and consequently set aside the
impugned Demand Notice No. 55 dated 20.01 .2021 (issued to Unit
No.3) and Demand Notice No.57 dated 29.01 .2021 (issued to Unit
No. 12) issued by Respondent No.2.

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri Vedula Srinivas, Senior Counsel for
Sri VIKRAM POOSERLA Advocate for the Petitioner and Sri L Santha Ram, AGP for
Municipal Administration, who waives notice on behalf of respondent 1 and directed
issue of notice to the Respondent 2 herein to show cause as to why this WRIT
PETITION should not be admitted.

You viz

The Commissioner, Nizampet Municipal Corporation, Nizampet Municipal

Corporation Office, Old Gram Panchayat Office, Pragathi Nagar, Medchal-
Malkajgiri District, Hyderabad - 500090.

are directed to show cause on or before 0810612022 to which date the case stands ..
posted as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted.

lA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to direct
the Respondents not to take any coercive steps pursuant to the Demand Notice No.
55 dated 20.01 .2021 (issued to Unit No.3) and Demand Notice No.57 dated
29.01 ,2021 (issued to Unit No. 12), including levying of any fines or penalty, Pending
disposal of WP 22739 ot 2022, on the file of the High Court.

THE COURT MADE THE FOLLOWING ORDER:

Heard. Mr. Vedula Srinivas, learned senior counsel appearing for the
petitioners.

lssue notice.

Mr. L.Santha Ram, learned AGP for Municipal Administration waives

notice on behalf of respondent No.1. Learned standing counsel appears for
respondent No.2.

It is submitted that the issue raised in this writ petition is identical to the
one in W.P.No.21260 ot 2021 wherein interim order was passed by a Division
Bench of this Court on 07.09.201.

After hearing learned counsel for the parties and on going through the
materials on record, including Sections 158 and 251 ot the Telangana
Municipalities Act, 2019, a prima facie view can be taken that action of the
respondents in insisting on payment of fees for granUrenewal of trade licence
under Rule 4 of the Telangana Municipalities Trade Licences (Regulation of
lssue and Renewal) Rules, 2020 does not appear to be justified.

ln view thereof, there shall be interim stay as prayed for.

List on 08.06.2022.

SD/. T. TIRUMALA DEVI

ASSIS'I'AN LL-
GI STRAR
{,
//TRUE COPY//

SE FICER
To,
1. The Principal Secretary, Dept of Municipal Administration And Urban
Development (MA), State of Telangana.
2, The Commissioner, Nizampet Municipal Corporation, Nizampet Municip al
Corporation Office, Old Gram Panchayat Office, Pragathi Nagar, Medch al-
Malkajgiri District, Hyderabad - 500090. (by RPAD along with a copy of
petition and affidavit)
3. One CC to SRI VIKRAM POOSERLA Advocate IOPUC]
4. Two CCs to GP FOR MCPL ADMN, High Court at Hyderabad. [OUT]
5. Two spare copies
HIGH COURT

UBJ & SNJ

DATED:2910412022

LrsT oN 1)8-06-2022

NOTICE BEFORE ADMISSION

WP.No.22739 of 2022

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