THE MSR ADS V. The Union of India

WP/16616/2023

AI Insights

The case involves a writ petition filed by MSR Ads and its proprietor R. Rama Swamy against the Secunderabad Cantonment Board and the Union of India, challenging the legality of a notice issued for the removal of rooftop advertisement hoardings. The petitioners argued that the notice was issued without following due process and violated principles of natural justice, as the hoardings had been in place for several years without prior issues. The Cantonment Board defended the action citing public safety concerns and adherence to a new advertisement policy. The court's decision emphasized the importance of following procedural safeguards in administrative actions, particularly those affecting property rights and business operations.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 732071 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 11-12-2023
• Assessment Year: misc
• Other Referred Cases: UMANATH PANDEY & OTHERS v. STATE OF UTTAR PRADESH & ANOTHER, STATE BANK OF INDIA AND OTHERS v. RAJESH AGARWAL AND OTHERS, COTTON MILLS v. UNION OF INDIA, MANGILAL v. STATE OF M.P, CANTONMENT BOARD v. TARAMANI DEVI, DTC v. MAZDOOR CONGRESS, SAHARA INDIA (FIRM) (1) v. CIT, KESAR ENTERPRISES LTD V. STATE OF U.P
• Laws Referred To: Article 226 of the Constitution of India, Cantonments Act, 2006
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: GADI KUMAR; K R KOTESHWAR RAO
• Assessee Lawyers: SUDHAKAR REDDY
• Keywords: Advertisement Hoardings; Audi alteram partem; Natural Justice; Public Safety; Writ of Mandamus
• Section: 151 CPC; 297; 318

Judgement Text

"132s21 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY ,THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 16616 OF 2023 Between: l.TheMSRAds,RepbyitsProprietorR'RamaSwamyS/oR.KanakaiahAg€. ' 6)-y;;r., oii. er.ii\"ii s'i-stilan. Hill Street, Sri Krishna complex' Secunderabad. 2. M:V;i;i Rrm neoov, S/o tVl Gopal Reddv Age sS.vears'.Occ' Business Fl/o - il.fl\".i zS, Old Bowenpally. Classic Dhabha, Secunderabad' ...PETITIONERS AND l.TheUnionoflndia,MinistryofDefenseRepbyitSecretaryRoomNo.305,B- Wing Sena Bhawan, New Delhi' 2. The Chief Executive O\"ftit\"i S\".rnOerabad_ C^antonment Eoard, Sardar Patel - Road, Court Compound, Secunderabad - 500003- ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affi