1. In this writ petition the Petitioner challenges the order dated 28-06-2004 passed by the 2nd Respondent demanding an amount of Rs.81,740/-towards developmental charges for sub- division and for issuance of No-objection Certificate for sale of vacant land of the Petitioner in an extent of 4000.42 square meters out of 8174 square meters.

2. The Petitioner earlier filed W.P.No.17927 of 2003 for almost the self-same relief but challenging the letter dated 25-06-2003 demanding the subdivision fee and burnt electrical meter charges for issuing No-objection Certificate (NOC). This court disposed of the said Writ Petition by order dated 09-04-2004 noticing that there was no basis for demanding an amount of Rs.81,740/-, set aside the proceedings dated 25-06-2003 leaving it open to the Respondents to levy the said amount by quantifying the same in accordance with the applicable guidelines in this regard. It was also directed that while fixing the said amount, the Respondents are also directed to consider the plea of the Petitioner that the levy is to be in accordance with the G.O.Ms.No.150, dated 27-02-2001.

3. The brief facts of the case are that the Petitioner is a small scale industry manufacturing Ayurvedic medicines and the factory is situated at Gurrampalem, Pendurthy Mandal, Visakhapatnam. The Petitioner purchased an extent of 8174 sq.mts from the Respondent situated at industrial development area in Gurrampalem, Pendurthy Mandal, Visakhapatnam in Sy.No.175 and 178 under a registered sale deed dated 10-12-2002 for a sale consideration of Rs.2,05,921-50 ps. Thereafter, a factory was established and is still running. When it was running in heavy losses and there was pressure to repay the loans by Bank of Baroda, Visakahpatnam branch, the Petitioner decided to sell half of the land purchased by it i.e., 4000.42 sq.mts which is lying vacant after construction of the factory. The Petitioner addressed number of letters for issuing NOC for the sale of the land and when there was delay the Petitioner borrowed amounts from private sources and discharged the debt of the Bank of Baroda. After prolonged correspondence, the 2nd Respondent issued a letter dated 25-06-2003 directing the Petitioner to pay a sum of Rs.81,740/-towards process fee for approval of subdivision of plot Nos.24 & 25 for issuing NOC. The Petitioner submitted a detailed representation on 26-06-2003 and when there was no decision of the Respondents and there was demand from the prospective purchaser for return of the advance amount, the Petitioner filed W.P.No.17927 of 2003 and the same was disposed off on 09-04-2004 as aforesaid. Evenafter disposal of the Writ Petition, when there was no response from the Respondents, the Petitioner filed C.C.No.739 of 2004 for punishing the Respondents for wilful disobedience of the order of this court dated 09-04-2004 and thereafter the 2nd Respondent passed the impugned order dated 28-06-2004 demanding an amount of Rs.81,740/-towards developmental charges for subdivision fee, when in the earlier letter dated 26-05-2003 the reason shown was process for approval of subdivision of plot Nos.24 and 25. Challenging the said order, the present writ petition is filed.

4. This court granted interim suspension of the impugned notice for a period of two weeks on 14-07-2004 and later on 14-12-2004 directed the Respondents to issue NOC for sale of 4000.42 sq.mts of site in plot Nos.24 and 25 to enable sale of the said land by the Petitioner to M/s.Simhagiri Milk Food Private Limited on condition of the Petitioner depositing an amount of Rs.81,740/-towards developmental charges, but subject to the result of the writ petition and without prejudice to the contentions urged in the writ petition.

5. No counter-affidavit has been filed in the present writ petition. But the learned counsel for the Respondents advanced arguments on the basis of the counter filed in W.P. No. 17927 of 2003.

6. Heard the learned counsel for the Petitioner and Stand