High Court dismissed batch of writ petitions challenging notices issued by Secunderabad Cantonment Board for removal of rooftop advertisement hoardings. Court upheld Board's power to enforce public safety policy without finding discrimination.
Writ petitions dismissed; petitioners allowed to request reasonable time for removal of hoardings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
t32e61
HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE FOURTHDAY OF SEPTEMBER TWO THOUSAND AND TWENTYFOUR
PRESENT
THE HON'BLE SRI JUSTICEC.V.BHASKARREDDY
WRIT PETITION Nos.1382913949 14092 14160 14206 14255 14300 14301 14303 143041431014312143191432414325 14326,14327, 14329.14332,14358 and 15269 of 2024
WRIT PETITIO N NO: 13829OF 2024
Between:
The Ad Soace. Reo. bv its ProprietorN.GaneshKumarS/o N.Ramulu,Age' 59 vears, Oc'c.Blsiness No 2'2-11 37, G3, Parimala Pride, BehindRamalayam iemple, New Nallakunta, HYderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article226 of the constitutionof lndia prayingthat in the circumstances statedin the affidavit filed therewith,the High courtmay be pleased to issue a writ, order, or Direction,more particularlyone in natureof writ of MANDAIT/US dectaringthe action of the RespondentNo.2 in issuingthe lmpugned Notice videNo.SCB/RS/Hoardings/Noticel94B ,daled 21-5-2024 directing thepetitioner hereinto removethe advertisement hoardingsof premises bearing No.SCB No.5-R1-099,Plot No.21, SRR Arcade, Ravi CHS, Trimulgherry, secunderabad as badin law, illegal, discriminatory and violative of Article 14 of constitution of lndia andconsequentlyrestrain the RespondentNo.2from removing the advertisementhoarding premises bearingNo.SCBNo.s-R1-099,
-)
Plot No.21, SRR Arcade, Ravi CHS, Trimulgherry, Secunderabad in the lnterest of Justice.
lA NO: 1 OF 2024
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 restrain the Respondent No.2 from removing the advertisement hoarding premises bearing No.SCB No.5-R1-099, Plot No.21, SRR Arcade, Ravi CHS, Trimulgherry, Secunderabad, in the lnterest of Justice.
lA NO: 2 OF 2024
Between:
The Chief Executive Officer, Secunderabad Cantonment Board, Secunderabad - 500003
....PET|T|ONER/RESPONDENT No.2
AND
(Respondent No.2 not necessary parties in this Petition)
...RESPONDENT/RESPONDENT No.1
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 vacate the lnterim Order of Status Quo dated 05.06.2024 passed in W.P.No. 13829 of 2024 to enable the 2nd Respondent Board to take appropriate steps for removal of the rooftop hoardings of the Writ Petitioner and dismiss the above said Writ Petition, ln the interest of justice under the circumstances of the case.
Counsel for the Petitioner: SRI YANDAPALLY SHARATH BABU
Counsel forthe Respondent No.1: SRI A. KRANTI KUMAR REDDY,
S.C. FOR CENTRAL GOVERNMENT
Counsel for the Respondent No.2: SRIK.R. KOTESWARARAO, SENIOR S.C. FOR SECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO: 13949 OF 2024
Between:
Surabhi Associates, # 210, Metro Residency,Raj Bhavan Road Somajiguda,Rep. by its Proprietor S.Narsinga Rao, S/oS.Kamalakar_Rgo _Age.46 years, ,Occ. Business R/o Flat No.1001, Block-J, AparnaSerene Park, Serilingampally,tvlasjid Banda ., Kondapur Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution oflndia prayingthat in the circumstances stated in the affidavitfiled therewith,the High Court may be pleased to issue a Writ, Order, or Direction, moreparticularly one innature of Writ of MANDAMUS declaring the action of theRespondentNo.2 in issuingthe lmpugned Notice vide No.SCB/RS/Hoardings/Notice/939,dated21-5-2024 directing thepetitioner herein toremove the advertisement hoardings in the premises bearing No.SCB No.6-RB-001, Plot No.32, aboveGoldenPoint Hotel, Hanumanth Reddy Complex,Tarbund,Secund.erabadas bad in law'illegal' discriminatory and violative of Article 14of Constitutionof lndia and consequently restrain the Respondent No.2 fromremoving the advertisement hoarding in the premises bearing No. SCB No.6-RB-001, Plot No.32,above Golden PointHotel, Hanumanth Reddy complex,Tarbund, secunderabad,in the lnterestof Justice.
lA NO: 1 OF 2024
Petition under section 151 CPCprayingthatin the circumstancesstated in the affidavit filed in support ofthe petition, the High Court may be pleasedto restrain the Respondent No.2 fromremovingthe advertisement hoardingbearing SCB No.6-RB-001, Plot No.32, aboveGoldenPoint Hotel,HanumanthReddy Complex, Tarbund, Secunderabad, in thelnterestof Justice.
.l
Counsel for the Petitioner: SRI YANDAPALLY SHARATH BABU
Counsel forthe Respondent No.1: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2: SRI K.R. KOTESWARA RAO, SENIOR S.C. FOR SECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO: 14092 OF 2024
Betvveen:
l-Catch Out Door Media, Office 11-9-53/9, 7th Floor JVR Towers, Beside Omini Hospital, Kothapet X Roads, Hyderabad Rep by its Proprietor V.Narender Reddy, S/o V.Srinivas Reldy Age 39 yqars, Occ Business R/o H.No.1-75, Thorrur Village, Hayatnagar, Abdulapur lvlandal, Ranga Reddy District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order, or Direction, more particularly one in nature of Writ of MANDAMUS declaring the action of the Respondent No.2 in issuing the lmpugned Notice vide No.SCB/RS/Hoardings/Notice/903, dated 2i-5-2024 directing the petitioner herein to remove the advertisement hoardings in the premises bearing No. SCB No.7-R2-003, H.No.3-'t0-5, KP Complex Trimulgherry X Roads, Trimulgherry, Secunderabad as bad in law, illegal, discriminatory and violative of Article 14 of Constitution of lndia and consequently restrain the Respondent No.2 from removing the advertisement hoarding in the premises bearing No. SCB No.7-R2-003, H.No.3-10-5, Kp Complex Trimulgherry X Roads, Trimulgherry, Secunderabad, in the lnterest of Justice.
5
lA NO: 1 OF 2024
Petition under section 't 5-r cpc praying that in the crrcumstances stated in the affidavit fired in support of the petition, the High court may be preased to restrain the Respondent No.2 from removing the advertisement hoarding premises bearing scB No.7-R2-003, H.No.3-10-s, Kp comprex Trimurgherry X Roads,Trimulgherry, Secunderabad, in the lnterest of Justice.
Counsel for the Petitioner: SRI yANDAPALLY SHARATH BABU
Counsel forthe Respondent No.1: SRI cADl PRAVEEN KUMAR,
DEPUry SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2: SRI K.R. KOTESWARA RAO, SENIOR S,C. FOR SECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO: 1416 0 0F 2024
Between:
Anus Ads' Reo. bvpron Rsju S/o- Desiya Naik, aoe 52 yrs., 1z-1-121o, i E I v! opp vvv shivav' Temple tane, Shanthina'g"r, irtorr, laragu'oi; 5;r;"d;rbro_sboor i
...PETITIONER
AND
...RESPONDENTS
Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased issue a writ, Direction especialy In nature of Mandamus decraring the final order passed by Respondent No 2 bearing Nos.
( 1 )SCB/RS/Hoardings/Notice/g50 dated 22.05.2024 pubtic Notice
(2) SCB/RS/Hoardings/Notice/ 905 dt. 21 .OS_2O24-personat Notice
()
as illegal as Violative of Art 14 of The Constitution of lndia and Sec 297 of the Cantonments Acts and consequentially set aside the operation of said final order notices passed by Respondent No 2.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may be pleased be pleased to direct the Respondent No 2 not to remove roof top hoardings belonging to Petitioner on the roof top of the petition mentioned premises.
lA NO: 2 OF 2024
Between:
The Secunderabad Cantonment, Board, Represented by its The Chief Executive Officer Secunderabad-500003.
....PETlTlONER/RESPONDENT No.2
AND
...RESPONDENTS/RESPONDENTS No.1 & 3
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 vacate the lnterim Order of Status Quo dated 07.06.2024 passed in WP No. 14160 of 2024to enable the 2nd Respondent Board to take appropriate steps for removal of the rooftop hoardings of the Writ Petitioner and dismiss the above said Writ Petition, ln the interest of justice under the circumstances of the case.
Counsel for the Petitioner: SRI CHETLURU SREENIVAS
7
Counsel for the Respondent No.1: SRI GADI PRAVEENKUMAR, DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2 & 3: SRIK.R. KOTESWARARAO, SENIOR S.C. FOR SECUNDERABAD CANTONMENTBOARD
WRIT PETITION NO: 142OO OF 2024
Between:
Media Works Outdoor advertising, Rep. by itsProp PrabhakarBirader Sri Path Rao, 2-2-2055127, New Pochamma Basti, Amberpet,Hyderabad
...PETITIONER
AND
..,RESPONDENTS
Petition under Article 226 of the Constitution oflndiaprayingthat in the circumstances stated in the affidavitfiled therewith,the High Court may be pleased issue a Writ, Direction especially in nature of Mandamus declaringthe final orderpassed by Respondent No2 bearingNos.
( 1 )SCBiRS/Hoardings/Notice/950 dated 2210512024-P ublicNotice
as illegal as violative of Art 14 ofThe constitutionof lndiaand sec 297 of the Cantonments Acts and consequentiallyset aside the operation of saidfinal order noticespassed by RespondentNo 2.
lA NO: 1 OF 2024
Petition under Section 151 CPCpraying thatin the circumstancesstated in the affidavit filed in support of thepetition,the High Court may be pleasedto direct the Respondent No 2not toremoveroof top hoardings belonging to Petitioner on the roof top of thepetition mentibned premises.
s
Counsel for the Petitioner: SRI CHETLURU SREENIVAS
Counsel forthe Respondent No.1: SRI GADI PRAVEEN KUMAR, DEPUry SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO, SENIOR S.C. FOR SECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO: 14255 OF 2024
Between:
lkar Outdoor Advertising, Rep By it Managing Partner Mohd. Rasool S/o Late Mohd lbrahim, age: 59 Yrs, #8-2-596121 1.1'' Floor, Road No.10, Banjara Hills, Hyderabad500034
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Direction especially in nature of Mandamus declaring the final order passed by Respondent No 2 bearing Nos.
(1 )SCB/RS/Hoardings/Notice/950 dated 22.O5.2O24-Public Notice
(2) SCB/RS/Hoard in gs/Notice/ 9 1 0 dt. 21 .05.2O24-P ersonal
(3) SCB/RS/Hoard i n gs/Notice/ 9 1 1 dt. 21 .05.2024-P ersonal
(4) SCB/RSi Hoard ings/Notic el I 1 2 dt. 21 .O5.2O24-P ersonal
(5) ScB/Rs/Hoardings/Notice/ 9 1 3 dt. 21 .05.2024-P ersonal
(6) SCB/RS/Hoa rdings/Notic e I 9 1 4 dt. 21 .O5.2024-P ersonal
( 7) SCB/RS/Hoard in gs/Notice/ 9 1 5 dt. 2t .OS.IOZq-P ersonal
9
(S) ScB/Rs/Hoardings/Notice/ 916 dt. 21 .05.2024-Personal
o'
(9) SCB/ RS/Hoard ings/Notice I I 17 dt. 21 .05.2024-P erconal
( 1 0) SCB/RS/Hoard ings/Notice/ 9 1 B dt. 21 .Q5.2024-P ersonal
as illegal as Violative of Art 14 of The Constitutionof lndiaand Sec 297 of the Cantonments Acts and consequentiallyset aside the operation of saidfinalorder notices passed by Respondent No 2.
lA NO: 1 OF 2024
Petition under Section 151 CPCprayingthatin the circumstancesstated in the affidavit filed in support of thepetition,the High Court may be pleasedto direct the Respondent No.2 not toremove roof top hoardings belongingto- Petitioner on the roof top of thepetition mentioned premises
| SeriaI | Notice | Location oftheHoarding Structure | No.of |
|---|---|---|---|
| No. | No. | Hoarding Structures |
|
| 1 | 910 | H.No.B-2,Vikrampuri Secunderabad Colony,Karkhana, |
1 No. |
| 2. | 911 | P.No.57, P&T Colony, Trimulgherry,Secunderabad | '1No. |
| 3 | 912 | H.No.178,AboveWhite houseHotel,Karkhana, Secunderabad |
1No. |
| 4 | 913 | P.No.60,SyNo.201ChinaThokatta,Bowenpally Secunderabad |
1No |
| 914 | ShopNo.3-10-5/1to 6 OppSabaHotel, Trimulgherry X Road Secunderabad |
1No. | |
| 6. | 915 | Vasavinagar,Karkhana, P.No.163,Old Secunderabad |
1No. |
| 7 | 916 | P.No.6-R3-15(new)ChanulalBowli,SikhVillage, Secunderabad |
1No. |
| B | P.No.4/A, Paiagh Colony,S.P.Road, Secunderabad | 1No |
t{i
I 917 Plot No.3 Bapuji N agar Bowenpally, Secunderabad 1No
10. 918 1-10-316, Sy No.'130 Bapuji Nagar Bowenpally, 1 No.
Secunderabad.
Counsel for the Petitioner: SRt CHETLURU SREENIVAS
counsel forthe Respondent No.1: sRr K. L. N. RAGHAVENDRA REDDy, S.C. FOR CENTRAL GOVERNMENT
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO, SENIOR S.C. FOR SECUNDERABAD CANTONMENT BbARD
WRIT PETITION NO: 14300 0F 2024
Between:
Swetha Ads, Rep. Bv its Managing partner: R. Bhargavi W/o. R. Vinod Kumar, age 45 Yrs., P.No.1A, rndustriar oev:eto."pirent Area uppa[ nvoeraoao-sobblg'*"'"" '
AND
Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, Direction especiafly in nature of Mandamus decraring the final order passed by Respondent No 2 bearing Nos.
(1 )SCB/RS/ HoardingsiNotice/950 dated 22.05.2024_pubtic Notice
(2)SCB/RSiHoardingsiNoticei8BS dt- 21.05.2024_p ersonat
(3)SCB/RS/Hoardings/Notice/886 dt- 21 .05.2O24_p ersonat
(4)SCB/RS/Hoardings/Notice/887 dt- 21 .05.20)4-p ersonat
(5)SCB/RS/Hoardin gs/Notice/B8B dt_ 21 .0 5.2O24_p ersonat
1l
(6 )SCB/RS/Hoard ings/Notice/B8gdt- 2105 '2O24-Personal
(7)SCB/RS/Hoardings/Notice/890dt- 21 .05.2O24-Personal
as illegal asviolative of Art 14 of The Constitution of lndia and sec 297 of the Cantonments Actsand consequentially set aside the operation of saidfinal order noticespassed byRespondentNo.2.
lA NO: 1 OF 2024
Petition under Section151 CPC prayingthat in the circumstances statedin theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto direct the RespondentNo 2 not to removeroof top hoardings belonging to Petitioners on theroof top of the below mentioned premises'
| Serial No. |
tocationoftheHoarding Structure | No.of Hoarding Structures |
Natureof Hoarding |
|---|---|---|---|
| 1) | PlotNo.63, ICRISATColonY, Brig Syed Road,Babuji Nagar, Secunderabad SCB.No.6-R6-034, |
No.1 | Roof Top Hoarding |
| 2) | SCB.No.7-R2-010 KarkhanaTraffic Secunderabad (OldH.No.3-10-35/A),Beside PoliceStation,TrimulgerrY' |
No.1 | RoofTop Hoarding |
| 3) | H.No.290,OpPtvlahankali Temple,LalBazar,Trimulgerry,secunderabad SCB.No.7-R2-064, |
No.1 | RoofTop Hoarding |
| 4) | HanumanTemple,ChinnaThokatta,Bowenpally' Secunderabad SCB.No.1-R1-0102, Sy.No.75lPart, Near |
No.1 | RoofTop, Backto Back Hoarding |
| 5) | SCB.No.4-22-163,Plot f.lo.Zt-9,Fisherpura.Near JBS,Picket,Secunderabad |
No.1 | Roof Top Hoarding |
| o) | Sca.No.g-Rt-049,H.No.4, Above M/sJaiBalaji |
No.1 | RoofToP |
| Paints,NearAmbedkarStatue,Besides | Hoarding | ||
| MarredpallyTrafficPolice Station'Karkhana' Secunderabad. |
Counsel for the Petitioner: SRI CHETLURU SREENIVAS
Counsel forthe Respondent No.1: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO, SENIOR S.C. FOR SECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO: 14301 OF 2024
Between:
Sri Ven Ads, Rep. by its Prop. TVS Ramesh Babu, S/o T.Kasi Rao, Age 57 Yrs., H.No. 6-3-668/10/39, Durganagar Colony, Punjagutta, Hyderabad- 500082.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Direction especially in nature of Mandamus declaring the final order passed by Respondent No 2 bearing Nos.
(1 )SCB/RS/Hoardings/Notice/g50 dated 2210512O24-Public Notice
(2) SCB/RS/Hoardings/Notice/897dt. 21 10512024-Personal
as illegal as Violative of Art 14 of The Constitution of lndia and Sec 297 of the Cantonments Acts and consequentially set aside the operation of said final order notices passed by Respondent No 2.
lA NO: 1 OF 2024
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
I3
i
direct the Respondent No 2 not to remove roof top hoardings belonging to Petitioners on the roof top of the below mentioned premises.
| Serial | Location oftheHoarding Structure | No.of | Natureof |
|---|---|---|---|
| No. | I | Hoard ing | Hoarding |
| Structures | |||
| 1) | SCB.No.5-R2-001-002,P.No.36,Wellington | No.'1 | RoofTop |
| Road, Near Secunderabad Club,JBS,Picket, Secunderabad. |
Hoarding |
Counsel for the Petitioner: SRI CHETLURU SREENIVAS
Counsel forthe Respondent No.1: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO, SENIOR S.C. FOR SECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO: 14303 OF 2024
Between:
Rishikesh Ads, Rep. by Prop Srisailam S/o. Late B.Krishna, age: 52 Yrs 2'l-81, 1Oth Cross Road, Uttamnagar, Safilguda, Malkajgiri, Hyderabad- 500047
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Direction especially in nature of Mandamus declaring the final orderpassed by Respondent No 2 bearing Nos.
(1 )SCB/RS/Hoardings/Notice/950 dated 22.05.2024-Public Notice
t.1
d
(2) SCB/RS/Hoard ings/Notice/909 dt. 21 .O5.2o24-Personal Notice
as illegal as Violative of Art 14 of The Constitution of lndia and Sec 297 of the Cantonments Acts and consequentially set aside the operation of said final order noticespassed by Respondent No.2.
lA NO: 1 OF 2024
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 Respondent No 2 not to remove roof top hoardings belonging to Petitioners on the roof top of the below mentioned premises.
| Serial | Location oftheHoarding Structure | No.of | Natureof |
|---|---|---|---|
| No. | Hoarding | Hoarding | |
| Structures | |||
| 1) | Plot No.A-4, Vikrampuri, Secunderbad | No.1 | Roof Top |
| Hoarding | |||
| 2) | PlotNo.31,HanumanthReddyBuilding, | No.1 | Wall |
| Tadbund Circle, Secunderabad | Hoarding |
Counsel for the Petitioner: SRI CHETLURU SREENIVAS
Counsel for the Respondent No.1: SRI GADI PRAVEEN KUMAR,
DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO,
SENIOR S.C, FOR SECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO: 14304 OF 2024
Between:
RK Ads, Rep by its Prop Ranjith Repala S/o R.Ramesh age 42Yrs Flat No.401 , R.K.Residency, House No.8-12-58/Fl/18 and 19, Bupesh Nagar, Green Land Colony, Karmanghat, Hyderabad-500079
...PETITIONER
AND
l5
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumStances stated in the affidavit filed therewith, the High Court may be pleased to pleased issue a Writ, Direction especially in nature of lvlandamus declaring the final order passed by Respondent No 2 bearing Nos.
(1 )SCB/RS/Hoardings/Noticei950 dated 22.O5.2024 Public Notice
(2 ) SCB/RS/Hoardin gs/Notice/945 dt: 21 .0 5.2024-P ersonal
as illegal as Violative of Art 14 of The Constitution of lndia and Sec 297 of the Cantonments Acts and consequentially set aside the operation of said final order notices passed by Respondent No 2.
lA NO: 1 OF 2024
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may bepleased to direct the Respondent No 2 not to remove roof top hoardings belonging to Petitioners on the roof top of the below mentionedpremises.
| Serial | Location oftheHoarding Structure | No.of | Natureof |
|---|---|---|---|
| No. | Hoarding | Hoarding | |
| Structures | |||
| 1) | H.No.42,Above TVS Showroom,Sanjeeviah | No.1 | Rooftop |
| Colony, Tadband, Secunderabad | Hoarding | ||
| 2) | Kubera Towers,TrimulgerryXRoads, | No.1 | Wall |
| Secunderabad | Hoarding |
Counsel for the Petitioner: SRI CHETLURU SREENIVAS
Counsel for the Respondent No.1: SRI GADI PRAVEENKUMAR,
DEPUTY SOLICITOR GENERAL OF INDIA
t6
Counsel for theRespondentNo.2 & 3: SRI K.R. KOTESWARA RAO' SENIOR S.C. FORSECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO:14310 OF 2024
Between:
Haritha Ads, Rep.by its Prop Kumara SwamyPilliS/9 P lygl'giqh' age 40 Yrs',Plot No. 16, Gokul Nbgai,Pranathinagar, Sainikpuri' R.R. Dist500056
...PETITIONER
AND
,..RESPONDENTS
Petition under Article 226 oflhe constitutionof India prayingthat in the circumstances statedin the affidavitfiled therewith,the High court may be pleased to issue a writ, Direction especiallyin natureof Mandamusdeclaring the final orderpassed byRespondentNo 2 bearingNos.
('l )SCB/RS/Hoardings/Notice/950 dated22.051O24-PublicNotice
(2 ) SCB/RS/Hoa rd ing s/Notice I 871 dt.21 -0 5.2O24-P ersonal
as illegal as violative ofArt 14 of The constitution of lndiaand sec 297 of the Cantonments Acts andconsequentially set aside the operation of saidfinal order noticespassed by RespondentNo.2.
lA NO: 1 OF 2024
Petition under section 151 CPCprayingthat in the circumstances statedin the affidavit filed in supportof the petition,the High Court may be pleasedto direct the Respondent No 2 not toremoveroof top hoardings belonging to Petitioners on the roof top of the belowmentioned premises
t7
| SeriaI | Locationof theHoarding Structure | No.of | Natureof |
|---|---|---|---|
| No. | Hoarding | Hoarding | |
| Structures | |||
| 1) | SCB.No.8-14-002,PlotNo.1,ShanthiNagar | No1 | Roof top |
| Colony, Risala Bazar,Bolarum, | Hoarding | ||
| Secunderabad |
Counsel for the Petitioner: SRI CHETLURUSREENIVAS
Counsel for the Respondent No.1: SRI GADIPRAVEEN KUMAR, DEPUry SOLICITOR GENERAL OFINDIA
Counsel for the Respondent No.2 & 3: SRIK.R. KOTESWARARAO, SENIOR S.C. FOR SECUNDERABADCANTONMENT BOARD
WRIT PETITION NO: 14312OF 2024
Between:
Walkways Advertising P!,t. Ltd., Rep.by its Director lqrirylg.y4g.^t-gkshmiPrasanna Wo. P5rimkayala Srinivas Rao, ige: 46Yrs.,B-2^2931N2711304,Jubilee Hills, Hyderabad- 500033
-..PETITIONER
AND
...RESPONDENTS
Petition under Article 226 ofthe constitutionof lndiaprayingthat in the circumstances stated in the affidavitfiled therewith, the High Court may be pleased to issue a writ, Direction especially in natureof Mandamusdeclaring the final orderpassed by Respondent No2 bearingNos.
(1) SCB/RS/Hoardings/Notice/950 dated22.05-2024 - Public Notice
l8
n
as illegal as Violative of Art14 of The Constitution of lndia and Sec 297 of the Cantonments Acts and consequentiallyset asidethe operation of said final order notices passed by Respondent No.2.
lA NO: 1 OF 2024
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition,the High Court may be pleasedto direct the Respondent No 2not to remove hoardings belongingto Petitioners on the roof top of the below mentionedpremises.
| SeriaI | Location oftheHoarding Structure | No.of | Natureof |
|---|---|---|---|
| No. | Hoarding | Hoarding | |
| Structures | |||
| 1) | H.No.3-10-53/8, TrimulgerryRoad, |
No.'1 | Rooftop |
| Secunderabad | Hoarding |
Counsel for the Petitioner: SRI CHETLURU SREENIVAS
Counsel forthe Respondent No.1: SRI K.L.N.RAGHAVENDRAREDDY,
S.C. FOR CENTRAL GOVERNMENT
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO,
SENIOR S.C. FOR SECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO: 14319 OF 2024
Between:
Sri Venkateshwara Out Door Media, Rep. by Prop D.Hemavathi Wo D.Praveen Kiran, age 42 Yrs., F.No.309, lVlanasa Nest MJ Colony,Moulali,Hyderabad Medchal-Malkajg iri-500040
...PETITIONER
AND
...RESPONDENTS
l9
t,
Petition under Article 226 ot the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Direction especially in nature of Mandamus declaring the final order passed by Respondent No.2 bearing Nos.
( 1 )SCB/RS/Hoardings/Notice/950 dated 22.05.2024-Pubtic Notice
(2 ) S CB/RS/Hoa rd in gs/Notic e I 932 dt. 21 .0 5.2024-P ersonal
as illegal as Violative of Art 14 of The Constitution of lndia and Sec 297 of the Cantonments Acts and consequentially set aside the operation of said final order notices passed by Respondent No.2.
lA NO: 1 OF 2024
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 lhe Respondent No 2 not to remove hoardings belonging to Petitioners on the roof top of the below mentioned premises.
| SeriaI | Location oftheHoarding Structure | No.of | Natureof |
|---|---|---|---|
| No. | Hoarding Structures |
Hoarding | |
| 1) | SCB.No.6-R1-051,Sy No.56, GRComplex& |
No.1 | Wall |
| Vayunand Complex, TrimulgerryXRoad, Secunderbad |
Hoarding | ||
| 2) | SyNo.OppPetrolPump,TrimulgerryX | No.1 | RoofTop |
| Road, Secunderbad | Hoarding | ||
| 3) | H.No.'1-34-32,ChinnaThokatta, Bowenpally, Secunderabad. New |
No.1 | Wall Hoarding |
Counsel for the Petitioner: SRI CHETLURU SREENIVAS
Counsel forthe Respondent No.1: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO, SENIOR S.C. FOR SECUNDERABAD CANTONMENT BOARD
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WRIT PETITION NO:14324 OF 2024
Between:
Skv ltledia. Reo. bv its PropParimkayala LakshmiPrasannawo. Parimikayala Sii|1iuli Cio, age:aA yrs. ei-Z-6Ot/p/3i/A.Panchavati Colony, Rd.No.10,Banjara hills, Hyderabad-50034
,..PETITIONER
AND
...RESPONDENTS
Petition under Artrcle 226 oflhe constitutionof lndia prayingthat in the circumstances stated in theaffidavitfiled therewith,the High courtmay be pleased to issue a writ, Direction especiallyin natureof Mandamusdeclaring the final orderpassed by RespondentNo.2 bearingNos.
(1 )SCB/RS/Hoardings/Notice/950 dated22-O5.2024-Public Notice
(2) SCB/RS/Hoardings/Notic e1920 dt.21.05.2O24-Personal
as illegal as Violative ofArt 14 of The constitution of lndiaand sec 297 of the Cantonments Acts and consequentiallyset aside-the operation of said finalorder notices passed by RespondentNo.2.
lA NO: 1 OF 2024
Petition under section 151 CPCpraying that in the circumstances statedin the affidavit filed in support ofthe petition,the HighCourt may be pleasedto direct the Respondent No2 not to remove hoardings belongingto Petitioners on the roof top of the below mentionedpremises.
2.1
Serial Location of the Hoarding Structure No. of Nature of No. Hoarding Hoardingt Structures 1) SCB.No.S-R1-O42, Plot no.38, Old Vasavi No.'1 Roof top nagar Colony, Karkhana, Secunderabad, Hoarding Secunderabad
Counsel for the Petitioner: SRI CHETLURU SREENIVAS
Counsel forthe Respondent No.1: SRI K.L.N. RAGHAVENDRAREDDY, S.C. FOR CENTRAL GOVERNMENT
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO, SENIOR S.C. FOR SECUNDERABAO CANTONMENT BOARD
WRIT PETITION NO: 14325 OF 2024
Between:
Eshwar Arts, Rep. by its Prop S.Srinivas Chary S/o S.Eswar, age: 33 Yrs.,11-57216, Saroornagar, Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution oflndiapraying that in the circumstances stated in the affidavitfiled therewith, theHigh Court may be pleased to issue a Writ, Direction especially in nature of Mandamus declaringthe final orderpassed by Respondent No 2 bearingNos.
( 1 )SCBi RS/Hoard ings/Notice/950 dated 22.0 5.2O24-Publ ic Notice
(2) SCB/RS/Hoa rd i n gs/Notice/g3 I dt. 21 .05.2024'P ersonal
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as illegal as Violative of Art 14 of The Constitution of lndia and Sec 297 of the Cantonments Acts and consequentially set aside the operation of said final order notices passed by Respondent No.2.
lA NO: 1 OF 2024
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 Respondent No.2 not to remove roof top hoardings belonging to Petitioners on the roof top of the below mentioned premises.
| Serial No. |
Location ofthe | Hoarding Structure | No.of Hoarding Structures |
Natureof Hoarding |
|---|---|---|---|---|
| 1) | SCB.No.6-R4-006, | Plotno.159,Opp |
No.1 | Rooftop |
| I I I |
LingswellBuilding, Secunderabad |
TadbandXRoads, | Hoarding |
Counsel for the Petitioner: SRI CHETLURU SREENIVAS
Counsel forthe Respondent No.1: SRI GADI PRAVEEN KUMAR,
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO,
SENIOR S.C. FOR SECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO: 14326 OF 2024
Between:
Libra Outdoor Advertising, Proprietor T. Dayakar Reddy S/o T.Anand Reddy, Age 63 Yrs., Ri/o, Plot No.B1 , Ground Floor, Behind Green Park Avenue, Chennai Snopping Mal, Suchitra Circle, Kompally Road, Hyderabad 500067
...PETITIONER
AND
li
...RESPONDENTS
Petition under Article 226 of lheConstitutionof lndia prayingthat in the circumstances stated in theaffidavitfiled therewith, the High Court may be pleased to issue a wdt, Direction especially innatureof Mandamus declaringthe final orderpassed by RespondentNo 2 bearingNos.
( 1 ) SCB/RS/ Hoard ings/Notice/95O daled 22.05.2O24-Public Notice
(2) SCB/RS/Hoardings/Notic el 87 2 dl21 .O5.2024-Personal
(3) SCB/RS/Hoardings/Notice/8 73 dt21 .05.2024-Personal
(4) SCB/RS/Hoardings/Notic el87 4 dt21 .O5.2024-Personal
(5) SCB/RS/Hoardings/Notice/875 dt2 1 .05.2024-Personal
as illegal as Violative of Art14 of The constitution of lndiaand Sec 297 of the Cantonments Acts and consequentiallyset asidethe operation of said final order notices passed by RespondentNo.2.
lA NO: 1 OF 2024
Petition under Section 151 CPCpraying thatin the circumstances statedin the affidavit filed in supportof the petition,the Highcourt may be pleasedto direct the RespondentNo 2 not to remove hoardings belongingto Petitionerson the roof top of the belowmentioned premises.
| SeriaI | Location oftheHoarding Structure | No.of | Natureof |
|---|---|---|---|
| No. | Hoarding | Hoarding | |
| Structures | |||
| 1) | SCBNo.7-R2-273PlotNo.1, GopalRao | No.1 | RoofTop |
| Colony, Trimulgerry,X Road, Secunderbad | Hoarding | ||
| 2) | SCB No.3-R1-31(OldH.No.3-22-595),Above | No-'1 | RoofTop |
| Duroflex Show room,Opp:RenovaHospital, | Hoarding | ||
| Kharkhana, Secunderabad | |||
| 3) | SCBNo.3-21-048,BunglowNo.5,Above | No-'1 | RoofTop |
| LOT, Mobiles, Kharkhana,Secunderbad | Hoarding |
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Counsel for the Petitioner:SRI CHETLURU SREENIVAS
Counsel for the RespondentNo.1:SRI GADI PRAVEENKUMAR, DEPUTY SOLICITOR GENERAL OFINDIA
Counsel for the RespondentNo.2 & 3: SRI K.R. KOTESWARA RAO' SENIOR S.C. FOR SECUNDERABADCANTONMENT BOARD
WRIT PETIT]ON NO: 14327 OF2024
Between:
Sampath Ads, Rep. byits Prop SampathS/o. MudikeVenkatiah,-age:-!!^\s-'tt- 72t1:Sri Ram nagbr c6lony,Balaji Nagar, Kapramandal, Medchal Dist-500087
AND
...RESPONDENTS
Petition under Article 226 of the Constitutionof lndiaprayingthat in the circumstances stated in the affidavitfiledtherewith,the High Court may be pleased to issue a Writ, Direction especially in nature of Mandamus declaring the final order passed by Respondent No.2 bearingNos.
(1 )SCB/RS/Hoardings/Notice/950 dated 22.05.2024-PublicNotice
(2 ) SCB/RS/Hoard i ng s/Notice/ BB4 dt. 21 .O5.2024-P ersonal
as illegal as Violative of Art 14 of The Constitution of lndia and Sec 297 of the Cantonments Acts and consequentially set aside the operation of said final order notices passed by Respondent No.2.
lA NO: 1 OF 2024
) 5
Petition under section151 CPC praying thatin the circumstancesstated in the affidavit filed insupportof the petition,the High court may be pleasedto direct the RespondentNo 2 not to removeroof top hoardings belonging to Petitioners on theroof top of the below mentioned premises'
| SeriaI No. |
Location oftheHoardingStructure I I |
No.of Hoarding |
Natureof Hoard ing |
|---|---|---|---|
| Structures | |||
| 1) | SCB-8-05-044, P.No.20,GVReddY Colony, | No.1 | Rooftop |
| NearAlwalRythuBazar, Secunderabad | Hoarding |
Counsel for thePetitioner: SRI CHETLURU SREENIVAS
Counsel fortheRespondentNo.1: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITORGENERALOF INDIA
Counsel for theRespondentNo.2& 3: SRI K.R. KOTESWARARAO, SENIOR S.C. FORSECUNDERABAD CANTONMENT BOARD
WRIT PETITIONNO:14329 0F 2024
Between:
SrikantPublicities,Rep.byPropE.Vivekanan.da,s/oE.Sriniva.s.Rao'Age.52Yrs., Fi"i t t,i zi, trrtirgabardnicolonv,Rasoolpura, Secunderabad-500003'
...PETITIONER
AND
...RESPONDENTS
Petition underArticle 226 of lhe constitutionof lndiapraying that in the circumstances stated inthe affidavitfiled therewith, the High courtmaybe pleased to issue a Writ, Directionespecially in nature of Mandamusdeclaring the final orderpassed by Respondent No.2 bearing Nos'
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(1 )SCB/RS/Hoardings/Notice/950 dated 22.O5.2O24-Public Notice
(2 )SCB/RS/Hoard ing s/Notice/946 dt: 21 .O5.2024-P ersonal
(3)SCB/RS/Hoardings/Notice 1947 dl. 21 .05.2l24-Personal
as illegal as Violative of Art 14 of The Constitution of lndia and Sec 297 of the Cantonments Acts and consequentially set aside the operation of said final order notices passed by Respondent No.2.
lA NO: 1 OF 2024
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 Respondent No 2 not to remove roof top hoardings belonging to Petitioners on the roof top of below mentioned premises.
| Serial | Location oftheHoarding Structure | No.of | Natureof |
|---|---|---|---|
| No. I |
Hoarding | Hoarding | |
| I | Structures | ||
| 1) | PlotNo.9 Public Sectar Colony,Bowenpally, | No.1 | RoofTop |
| 1 | Secunderbad | Hoarding | |
| 2) | SCBNo.6-44-154,PIotNo.92, Above |
No.1 | Roof Top |
| I | MannapuramGoldandDaikinA/c Shop, |
Hoarding | |
| I | Tadbund, Secunderabad |
Counsel for the Petitioner: SRI CHETLURU SREENIVAS
c o u n s e I ro r t h e Re s p o " ilI Jf# 351- EtPJ I tlI,??^['#ifu , ^
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO, SENIOR S.C. FOR SECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO: 14332 oF 2024
Betwee n:
Vision Ads, Rep. by its fr.oq K.$urg{ gabu, S/o. Late Madhusudan Rao, age 54,# 8-99, New Dilshuknagar Hyderabad-500060
).7
...PETITIONER g
AND
...RESPONDENTS
Petition under Article226 of lhe constitutionof lndia praying that in the circumstances statedin the affidavitfiled therewith,the High courtmaybe pleased to issue a writ, Directionespecially in nature of Mandamus declaring the final orderpassed by Respondent No.2 bearing Nos'
(1 )SCBiRS/Hoardings/Notice/950dated22.O5.2O24-Public Notice
(2)SCB/RS/Hoardings/Notice/895dated21 .05.2024-Personal
(3)SCB/RS/Hoardings/Notice/896dated21.O5 -2O24-Personal
as illegal as violativeof Art. 14 of The constitution of lndia and Sec 297 of the cantonments Actsand consequentially set aside the operationof saidfinal order noticespassed by RespondentNo.2.
IA NO: 1 OF 2024
Petition under section151 CPC praying thatin the circumstances statedin the affidavit filedin supportof the petition,the High court may be pleasedto direct the RespondentNo.2 not to removeroof top hoardings belonging to Petitioners on theroof top of the below mentioned premises'
| SeriaI No. |
Locationof theHoardingStructure | No.of Hoarding Structures |
Natureof Hoarding |
|---|---|---|---|
| 1) | SCB.No.5-R1-001-055, Gardens,NewVasavi Anubhav Karkhana, opp Nagar, |
No.1 | RoofTop Hoarding |
| Secunderabad15 | |||
| 2) | SCB.No.7-05-009,PIotno.1 Colony, TrimulgerrY,Secunderabad &'19,SriNagar |
No.1 | RoofToP Hoarding |
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Counsel for the Petitioner: SRI CHETLURU SREENIVAS
Counsel forthe Respondent No.1: SRI cADl PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO, SENIOR S.C. FOR SECUNDERABAD CANTONMENT BOARD
WRIT PETITION NO: 14358 OF 2024
Between:
Bhavani Ads, Rep by its Proprietor R. Mallesh S/o R. lllaiah, Age: 53 years, Occ: Business Wo .1-4-1 80/1 35, Saibaba Officers Colony, Secunderabad-500056.
...PETITlONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction, more particularly one in nature of Writ of Mandamus declaring the action of the respondents.2 in issuing the lmpugned Notice vide No.SCB/RS/Hoarding/Notice/876, No.SCB/RS/Hoarding/Notice/878, No.scBiRS/ Hoarding/Notice/879 dated 21 .o5.2024 directing the petitioner herein to remove the advertisement hoardings in the premises bearing No. SCB No.701-001, P.No.7, Gopal Rao Colony, Trmulgherry, Secunderabad, SCB No.S-Rj021 , Sy.No.54, Gayatri Westend, Vikrampuri, Karkhana Main Road, Secunderabad, SCB No.6-44-119. P,No.83, above Harhar Motor Space. Tadbund, Secunderabad as bad in law, illegal, discriminatory and violative of Article 14 of constitution of lndia and consequently restrain the Respondent No.2 from removing the advertisement hoarding in the premises bearing No. SCB No. 7-01-OO1 , P.No.7, Gopat Rao Colony, Trimulgherry, Secunderabad, SCB No.S_ R"l-021, Sy.No.54, Gayatri Westend, Vikrampuri, Karkhana Main Road, Secunderabad, scB No.6-44-119, p.No.g3, above Harhar Motor Space, Tadbund, Secunderabad in the interest of lusiice.
29
tj
IA NO: 1 OF 2024
Petition under Section 151 CPCpraying that in thecircumstances statedin the affidavit filed in support of thepetition,the High Court may be pleasedto restrain the Respondent No.2 fromremoving the advertisementhoarding premises bearing No. SCB No.7-01-001 , P.No.7, Gopal RaoColony, Tirumulgherry, Secunderabad, SCBNo.5-R1-021,Sy.No.54, Gayatri Westend, Vikrampuri, Karkhana Main Road, Secunderabad,SCB No.6-44-119' P.No.83' above Harhar Motor Space, Tadbund,Secunderabad,in the lnterestof Justice andpass such other order or ordersas this Hon'ble Court deemsfit and properin the circumstances of the Case, PendingDisposal of the Writ Petition.
Counsel for the Petitioner: SRI YANDAPALLYSHARATH BABU
Counsel for the RespondentNo.1:SRI GADI PRAVEEN KUMAR' DEPUTY SOLICITOR GENERAL OFINDIA
Counsel for the Respondent No.2& 3:SRI K.R. KOTESWARARAO, SEN]OR S.C. FOR SECUNDERABADCANTONMENT BOARD
WRIT PETITION NO: 15269 OF2024
Between:
The MSR Ads, Rep. by its ManagerK.Ravi S/o. Saidaiah' Age: 35 years,Occ: Business R/o. 2-6-9b, Jdipuri Colony,Bandlaguda Nagole, Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lheconstitutionof lndiapraying that in the circumstances stated in theaffidavitfiled therewith, the High court maybe pleased to issue a writ, order, or Direction, moreparticularlyone in nature of writ of MANDAMUS declaringthe action of the RespondentNo.2 in issuing the lmpugned Notice videNo.SCB/RS/Hoardings/Notice/941,dated 21-5-2024 directing thepetitioner hereinto removethe advertisement hoardingsof premises
i0
bearing No. Rajalakshmi Enterprises, Sy.No.179,Plassey Lines, Medchal Road. Near Petrol Pump, Bowenpally, Secunderabad as bad inlaw,illegal, discriminatory and violative of Article 14of Constitutionof lndia and consequently restrain the Respondent No.2 from removing theadvertisement hoarding premises bearing No.Rajalakshmi Enterprises, Sy.No.179, Plagsey Lines, Medchal Road, Near PetrolPump. Bowenpally, Secunderabad, in the lnterest of Justice..
lA NO: 1 OF 2024
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court maybe pleasedto restrain the Respondent No.2 from removing the advertisementhoarding premises bearing No Rajalakshmi Enterprises, Sy.No.179, Plassey Lines, Medchal Road, Near Petrol Pump, Bowenpally, Secunderabad, in thelnterest of Justice andpass such other order or orders as thisHonorable Court deemsfit andproper in the circumstances of the Case,Pending Disposal ofthe Writ Petition.
Counsel for the Petitioner: SRI YANDAPALLY SHARATH BABU
Counsel for the Respondent No.1: SRI B. JITHENDER
S.C. FOR CENTRAL GOVERNMENT
Counsel for the Respondent No.2 & 3: SRI K.R. KOTESWARA RAO, SENIOR S.C. FOR SECUNDERABAD CANTONMENT BOARO
The Court made the following: COMMON ORDER
THE HONOURABLE SRI JUSTICE C.V, BHASKAR REDDY
WRIT PETITION Nos.13829, 13949,\4492, 14160, L42O6, t4255 14300 14301 14303 L4304 14310 L4312 14319 t4324 14325 L4326 t4327 L4329 143?2 14358 and L5269 of 2024
COMMON ORDER:
The issue involved in these writ petitions is intrinsically interconnected and therefore, they are taken up and heard together and are being disposed of by this common order.
2
is also doing business ofnewspapers,digital medialike TV, Radio and having several hoardingsin variousplacesand in the processof its business, it entered into an agreementforerection of advertisement hoarding at Plot No.2,Ravi CHS, SSR Arcade, Trimulgherry, Secunderabad on rooftopof the buildingand carrying out business without any hindrance from anycornerby taking utmost care without causing any difficulty totJle public for the last several years. The grievance of thepetitioner is that therespondent No.2 without conducting any inspection and without therebeing any evidence that the advertisement hoarding installed by it iscausing endanger to the public safety, issued the impugned noticefor removal of the hoardings and the said action on thepart of respondents amounts to violation of Articles 14, 19 and 21 of the Constitution of India and prayed to grant the relief as sought for.
-)
the Board is empowered to charge license fee on advertisements, other than advertisements in newspapers along with other license fees as mentioned in the said Section. Section 348 of the Act enables the Board to make bye-laws and ruies to effectively function in terms ol the provisions of the Act. It is stated that under Section 348 of the Act, the Board has framed Bye-laws. Bye-law No. 17 authorizes the Board to take all measures such as control and supervision of the places where dangerous or offensive trades are carried on, so as to secure cleanliness therein or to minimize any injurious, offensive or dangerous effects arising or likely to arise thereon. Bye-law No.l8 states about regulation of erection of any enclosure or other temporary structures of whatsoever material or nature on any land within the Cantonment and fee chargeable in respect thereof. It is further stated that the advertisement elements which are at huge heights from the ground level have collapsed a number of times in the recent past, although certilied as stable, thereby creating havoc. It is further stated that the State Government has issued G.O.Ms.No.68 dated 20.O4.2O2O prescribing certain operative guidelines for granting permissions for advertisement elements which are below 15 feet from ground level and also regulating existing advertisement elernents. It is further stated in the counter affidavit that the respondent No.2 Board in its meeting dated 01.O8.2O22 had proposed to levy penalty on unauthorized advertisement hoardings,
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flexies, soas erection of banners and cutouts within the area of F SecunderabadCantonment The Board in itsmeetingdated 2g.Og.2O22vide CBR No'26 dated O'O8'2O22had resolved to approvethe authorizedspaces for erections of flexies/bannersas per theprices fixed therein. It is further stated that issues regarding regulatingadvertisement hoardings on rooftopof private buildings' was discussedat length in the Board Meeting held on 10'05'2023 and in thesaid meeting, the Board takinginto consideration the New AdvertisementPolicy of Governmentof Telanganaissuedvide the safet5r andsecuritY of G.O.Ms.No.68dated20'O4'2O2Oand' residents ofthe SecunderabadCantonmentArea and even though there is aloss of revenue of Rs.one crore per annumto the Board' resolved thatall the rooftop hoardings atongwith structuresbe removed byon or before30'O6'2023fallitg which action wouldbe initiated asper the provisionsof the CantonmentsAct' 2OO6' Subsequentto the said Resolution, the Board has published a public noticeon12.06.2023invariousnewspapers.Itisstatedthat questioning the saidnotice, the petitionersand others have institutedW.P.Nos.i6637of 2023 and batch seekingto declare the newspaperpublication dated 12'06' 2023 as illegal' arbitraly and unconstitutional andthis Courtvide order datedI I'12'2O23 wh:ile filed by the Petitionerstherein allowing the saidWrit Petitions take any apProPriate actionin permitted the resPondentNo.2 to
accordance to law as per the provisions of Cantonments Act, 2006 by { following the procedure as contemplated under Section 297, 318 of the Cantonments Act. It is the case of therespondent No.2 that in compliance of the directions issued by thisCourt in W.P.No.16637 of 2023 and batch, they have issued notice underSection 297 ofthe Act and the same does not suffe r from any legalinfirmities warranting interference of this Court under Article 226of Constitution of India and prayed for dismissalof thesame.
6
below 15 feet height from thegroundlevel andthe said policydoes not apply for erection of the hoardings on high rise buildings. Itis their further case that Governmentpolicy andguidelinesframed thereunder are applicabie to the erection of Unipoles, whichare dangerous and the saidparameters are not applicable tothe hoardings installed by the petitioners and thusprayed this Courtto set aside the impugned notices.
7
meeting and passed a resolutiondated 1O.O5.2O23to adoptthe State Governmentpolicy enunciated in G.O.Ms.No.68 dated 20.O4.2020 for allowing the hoardings upto15 feet height from the Groundlevel.In terms of thepolicy adopted by the respondent No.2-Board, a general notice has beenpublishedin the newspapers for removal of the hoardings even thoughthe said actionresults in loss of revenueto the tune of Rs.OneCrore per annum.It is to be seen that the policy framed by the StateGovernmentin G.O-Ms.No.68dated 20 'O4 '2O2O has been assailedbefore this Court in W.P.No.36328ol 2O22 and batch and this Court dulytaking note of the erectionsof the advertisement Boardswithin the vicinity of twin cities and after referring catena ofjudgments,upheldthe powerof the State Government to issue G.OMs.No.68 dated 20.04.2O2O,except imposing of thepenalties.The SecunderabadCantonment area is located in the twin cities ofHyderabadand Secunderabadand interchange of the traffic toreach their destinations. The Board considering that the hazardoushoardings wouldcause inconvenience tothe public atlarge and adversely affect free flow of trafhc, has takena decisionto remove the hoardings. When initially, the respondentNo.2-Board hasnot followed the procedureas contemplated under Section 297 rlw318 of the Act, this Court while allowing the writpetitions, directed therespondentNo.2to follow the ft5Edr.. colftenplated under the Act.
8
1 I . In the similar circumstances, the Honble Apex Courtin M.C.Mehta us. Union of Indid and othersr observed as follows:
'1r9eayt scc :6:
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'lt isobuious thateuery hoarding, other than traffc signs and road signs on the road-sides haue to be remoued trespectiue of its kind; euery hoarding ifiespectiue of uhether it is on the road-side or not which [s hazardous and a disturbance to safe tralfic mouement so as to aduerselA affect free and safe Jlow of traffic is required to be identified bg the autlaities and prompttg remoued. Obvtously, the hazardous hoarding rthich ts a disturbance to safe trajfc mouement has to be a hoarding uisible to the traffic on the road. No other detail or further qtideline is requtred for appreciating this order and its implementation. Euen though the order dated 20. 1 1.1997 uas explicit and uery clear, yet these further obseruations are made to leoue no one in any doubt of the content and requireilent of our order."
Apex Court observed as follows:
"eqs_19: The problem can be looked at from another angle. Euen i.f there is no obstruction but there is distraction that is also to be considered. As was considered by this Court in P. Narayan s case (supra) the prouisions like appeat and the ntles to bing in the principles of naturaljustice can be pressed into sentice. That tuill be a ight step to auoid arbitrariness. It has been contended emphaticallg that prtuate hoardings shall not cctuse ang phgsical obstruction. But this plea is, as noted aboue, uithout ang substance. In our uieu there may not be phgsical obstruction but it can be hazardous The right to rerylote and mntrol is inherent in exercise of power.'
the policy of the Government and followed the procedure
'ZOOtiZl CtC t03 ; 200t Supreme(Mad) 3!0
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contemplatedunderthe provisions of the Act' The petitioners miserablyfaiied to place any evidencethat the policy adoptedby the respondentNo.2-Board is discriminatory.The regulatorypowers have beenconferredon the respondent No.2-Boardto prescribe the size and heightof the advertisement hoardingto preventany untoward incidentand keep the object of the publicsafet5r as the priority. [t is asettled principle of law that individualinterestswill not prevailover the public interest,especially when regulatory powers are exercisedby RespondentNo'2 to enforcepolicy'
As a sequel,miscellaneous applications pending if any in these writ petitions,shall stand closed.No order as to costs'
SD/.B.SARASW THI ASSISTANT REGIS //TRUECOPY// SECTION FICER
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To, 1 The Secretary,Uniorr of lndia' Ministryof Defense' Room No 305'B-Wing Sena Bhawan,NewDelnt
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COMMON ORDER
W.P.Nos.13829, 13949, 14092, 14160, 14206, 14255, 14300, 14301, 14303, 14304, 14310, 14312, 14319, 14324, 14325, 14326, 14327, 14329, 14332,14359 AND 15269 0F 2024
DISMISSING THE WRIT PETITIONS WITHOUT COSTS
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3 issues framed by the court
Whether the Secunderabad Cantonment Board had the power under the Cantonments Act, 2006 and G.O. Ms. No. 68 to issue notices removing rooftop hoardings.
Whether the impugned notices for removal of hoardings were discriminatory or violative of Article 14 of the Constitution of India.
Whether public safety overrides individual interests in the regulation of advertisement hoardings.
Colour shows how this judgement treated each authority
M.C. Mehta vs. Union of IndiaExplained¶489
Tamil Nadu Outdoor Advertising Association rep. by its Secretary vs. Government of Tamil NaduExplained¶494
Nouva ADS vs. Secretary, Department of Municipal Administration and Water Supply and othersExplained¶495
The Ad Space, Reo. by its Proprietor N.Ganesh Kumar
The Union of India, Ministry of Defense
The Secunderabad Cantonment Board
Surabhi Associates, Rep. by its Proprietor S.Narsinga Rao
I-Catch Out Door Media, Rep. by its Proprietor V.Narender Reddy
Anus Ads, Rep. by Raju
C.V. Bhaskarreddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
