LIGHT HOUSE PROMOTIONS v. THE STATE OF AP

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 pleased to direct Respondent authorities to stop further activity of erecting the cantilevers or putting the erected unipole/cantilevers to use in GVMC area by R4, R5 & R6 including the display of advertisement of erected unipole /cantilevers after suspending RC.No.064710/2022/TP Section dated 07-01- 2023 issued to R4, RC.No.064710/2022/TP Section dated 07-01-2023 issued to R5 and RC.No.064710/2022/TP Section dated 07-01-2023 issued to R6 and pass IA NO: 2 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 pleased to direct the Respondent No. 3 to produce the files (e- files) pertaining to impugned proceedings RC.No.064710/2022/TP Section dated 07- 01-2023 issued to R4, RC.No.064710 /2022 /TP Section dated 07-01- 2023 issued to R5 and RC.No.064710/2022/TP Section dated 07-01-2023 issued to R6 and to produce E.office No.332794/2022 and E. Office No.342061/2023 and pass IA NO: 1 OF 2025 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 pleased to grant leave to the Respondents No. 5 in the Writ Petition No 11386 of 2024 to file counter affidavit in the above Writ Petition and pass IA NO: 2 OF 2025 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 Pleased to grant leave to the Respondents No. 6&7 in the Writ Petition No 11386 of 2024 to file counter affidavit in the above Writ Petition and pass 3 IA NO: 3 OF 2025 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 May be pleased to grant leave to the Respondent to file counter and pass IA NO: 4 OF 2025 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 may be pleased to receive the Counter copies on record by allowing the leave petition in the above Writ Petition and pass Counsel for the Petitioner(S): 1. PONNADA SREE VYAS Counsel for the Respondent(S):

1. V V ANIL KUMAR 2. PATANJALI PAMIDIGHANTAM 3. CHIRANJEEVI TALASILA 4. GP FOR MUNCIPAL ADMN URBAN DEV 5. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: WP.No.19062 of 2024 Between:

1. M/S NUANCE, (PROPERIETORY CONCERN), (PROPERIETORY CONCERN) REP BY ITS PROPRITOR SIRISHA GATTINENI, D.NO INDU FORTUNE FIELDS GARDENIA. 15-31,VILLA NO30605, HYDERABAD,R R CEDAR BLOCK,KPHB PHASE DIST,TELANGANA-50007 13, AND ...PETITIONER

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDINGS, SECRETARY, DEVELOPMENT DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, PRIME HILL CREST, 4TH FLOOR. NEAR DGP OFFICE, BESIDE ULTRATECH READY MIX PLANT, VADDESWARAM VILLAGE, MANGALAGIRI, ANDHRA PRADESH - 522502.

3. THE GREATER VISAKHAPATNAM CORPORATION, REP. BY ITS VISAKHAPATNAM VISAKHAPATNAM, COMMISSIONER, DISTRICT.

4. M/S AD SPACE ADVERTING PVT LTD, DOOR NO. 8- 2293/82/FIR/A/5/301,FLAT NO 301, PLOT NO.5, FILM NAGAR SITE II, HYDERABAD, TELANGANA STATE -500033. 5. M/S ALPHA PUBLICITIES, H.NO.50-53-4/4/6 203, ESWAR SEETHAMMADHARA, NEW MEDOWS,NORTH EXTENTION, PRESENDITIAL SCHOOL, VISAKAPATNAM. 6. M/S PRAKASH ARTS PVT LTD, REP. BY ITS MANAGING 4 OFFICE 3-6-473/1, STREET NO.5, DIRECTOR, NAGAR, HYDERABAD, TELANGANA STATE- 500029. HIMAYATH

7. M/S AKSHARA ADS, F.NO 201, ESWAR MEDOWS,NORTH EXTENTION, SEETHAMMADHARA,BALAYYA SASTHRI LAYOUT, VISAKAPATNAM- 530013.

8. M/S LEADSPACE, PLOT NO. 797 AND 798, 3RD FLOOR, MALLESH YADAV BUILDING, 100 FEET ROAD, AYYAPPA SOCIET, MEGA HILLS, MADHUPUR, HYDERABAD, TELANGANA STATE.

9. M/S ADITYA ADS, H.NO.50-53-4/4/6 PLOT NO 203, ESWARA MEADOWS, SEETHAMMA DHARA, VISAKAPATNAM-530013. A.P. 10. M/S VENKATESWARA ADS, D.NO.3/6, PEDDAVEEDI, MAKKUVA, PARVATHI PURAM ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a direction, order or writ more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd Respondent in giving away permission to setup Bus shelters, police booths etc in 3rd Respondent/ GVMC area through nomination but not through tenders / open auctions as illegal unconstitutional and violation of Article 14, 19(1)(g) AND 21 of the Constitution of India and consequently direct the Respondents to call for tenders and conduct open auction for erection of Bus shelters, police Booths or any other form of advertising like hoardings electronic display etc.in Municipal locations and to pass IA 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 Pleased to direct official Respondent authorities not to allot advertisement rights on bus shelters, traffic booths places on nomination basis pending disposal of the above writ petition and to pass IA NO: 1 OF 2025 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 maybe pleased to receive the Counter copies on record by allowing the leave petition in the above Writ Petition and pass Counsel for the Petitioner:

1. SUBBA RAO KORRAPATI Counsel for the Respondent(S):

1. V V ANIL KUMAR 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 4. A CHANDRAIH NAIDU The Court made the following: 5 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION Nos.11386 and 19062 of 2024 COMMON ORDER:

1. The WP.No.11386 of 2024 is filed by the petitioner challenging the action of respondent No.3 in giving away permission to set up cantilevers in GVMC area nomination instead of calling for tenders/ open auction and seeks a consequential direction to the respondents to call for tenders and conduct open auction for erection of cantilevers/ any other form of advertising like hoardings, electronic display etc., in GVMC area and also to cancel the orders in Rc. No.064710/2022/TP Section, dated 07.01.2023 issued to the respondent Nos.4 to 6.

2. The WP.No.19062 of 2024 is filed by the petitioner challenging the action of the respondent No.3 in giving away permission to set up bus shelters, police booths etc., in respondent No.3/ GVMC area on a nomination basis instead of calling for tenders/ open auctions and a consequential direction to the respondents to call for tenders and to conduct open auction is sought for.

3. Sri.K.S.Murthy, learned senior counsel appearing for the petitioners submits that the respondent No.3 has issued permission to the unofficial respondents for displaying the advertisements in the Municipal spaces on a nomination basis by collecting very meagre license fees. It is submitted that the respondent No.3 is duty bound to call for tenders when revenue is likely to be generated by leasing out space belonging to the respondent No.3. It is submitted that an R.T.I application was 6 submitted by one of the members of the Visakha Outdoor Association and information relating to the list of cantilever locations in GVMC was sought for. The information was furnished; however, the details of the procedure adopted to nominate the unofficial respondents were not disclosed.

4. It is submitted that the respondent No.3 cannot nominate any third party as per their whims and fancies when the respondent No.3 can generate revenue by leasing out the space for advertisement purposes. It is also submitted that the respondent No.3 must conduct an auction or call for tenders for leasing out any premises.

5. The learned standing counsel appearing for the respondent No.3 submits that the writ petitions are infructuous as it has outlived its purpose. It is submitted that the respondent No.3 has considered the applications of the unofficial respondents and the display fee was determined by the respondent No.3. The said permission was granted on a first-come, first-served basis and that the action of respondent No.3 cannot be found fault with. It is submitted that as per Section 126 of the AP Municipal Corporations Act, 1955, the Commissioner is authorized to enter into a contract without inviting tenders. It is also submitted that the procedure was followed in granting the requisite permissions and in considering the applications of the various outdoor media agencies. 7

6. It is submitted that the period of three years has come to an end and as such the cause in the writ petitions would not survive any further.

7. The learned counsel appearing for the unofficial respondents submits that the writ petitions have outlived their purpose and that the petitioners have not even submitted their applications for grant of permission and, without participating in the application process, the present writ petitions are filed in the form of a Public Interest Litigation. It is submitted that the respondent No.1 had issued GOMs.No.253, dated 02.12.2025 and that the procedure for allotment of land/ space/ site under the control of Urban Local Body for display devices is categorically clear and that the respondent No.3 would have to conduct open auction among the licensed displayers. It is also submitted that the petitioners do not possess any license for display, nor are they registered as authorised advertisers for the display of advertisements.

8. Heard the learned senior counsel appearing for the petitioners, the learned standing counsel appearing for the respondent No.3 and the learned counsel appearing for the unofficial respondents and perused the material on record.

9. The short point for consideration is whether the relief sought for by the petitioners can be considered by this Court and a direction to cancel the permission issued to the unofficial respondents be passed in the present writ petitions. 8

10. The petitioners have not stated their locus for entertaining the writ petitions. All that the petitioners state is that they are also in the advertising business and are challenging the nomination process followed by respondent No.3, which considers applications from unofficial respondents and permits them to display their clients' advertisements.

11. The unofficial respondents disputed the locus of the petitioners. It is stated that they have never applied for any permission, and the nature of the relief sought by the petitioners is more akin to public interest litigation rather than serving the interests of a licensed advertiser. The petitioners file no reply to the said counter. The petitioners have also not placed any additional material on record to establish their locus, nor have they filed any additional documents to establish their status as licensed advertisers. On this ground alone, the writ petitions deserve to be dismissed.

12. Considering the issuance of G.O.Ms.No.253, dated 02.12.2025, the respondent No.3 would have to follow the GOMs.No.253 for all purposes essentially. The period of permission for the display of advertisements issued to the unofficial respondents has also expired, and respondent No. 3 has not issued any further extension(s) in favour of any of the respondents.

13. In these circumstances, the writ petitions are dismissed as the petitioners have not established their locus. Be that as it may, 9 GOMs.No.253, dated 02.12.2025 is issued and the same shall govern all future allotment of land/ space/ site under the control of Urban Local Body for display devices.

14. Accordingly, the writ petitions are dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Date :02.09.2026 KGM Whether the order is: Speaking Reportable Reasoned Non-reportable ☑ ☑ ___________________ JUSTICE HARINATH.N 10 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION Nos.11386 and 19062 of 2024 Date: 02.09.2026 KGM