This writ petition sought directions to the BBMP for renewal of advertisement hoarding licenses. The court held the petition infructuous as the BBMP had adopted a policy to discontinue granting such licenses, making the prayer premature.
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NC: 2023:KHC:23022 WP No. 18907 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 18907 OF 2017 (LB-BMP)
BETWEEN:
M/S. PRACHAR OUTDOOR ADVERTISING A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2, LALBAGH ROAD BENGALURU - 560 027 REPRESENTED BY ITS PROPRIETOR MR. MANMOHAN SINGH MAAN.
…PETITIONER
(BY SRI. V. B. SHIVAKUMAR., ADVOCATE)
AND:
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:23022 WP No. 18907 of 2017
BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU – 560 068.
…RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR SRI. H. DEVENDRAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO ISSUE PRESCRIBED APPLICATION FORMS FOR RENEWAL OF SCHEDULE ADVERTISEMENT HOARDINGS UNDER BYE-LAW SEC. II.3A (23) AND SEC. iiI.4.A.(XV) AT ANNEX-4 FOR GRANT OF RENEWAL OF PERMISSION UNDER SEC. 135 OF THE KARNATAKA MUNICIPAL CORPORATIONS ACT, PROVIDED TO THE ADVERTISEMENT BYE-LAWS AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:23022 WP No. 18907 of 2017
ORDER
R.DEVDAS J., (ORAL):
Learned Counsel for the respondent-Bruhat
Bengaluru Mahanagara Palike (BBMP, for short) submits that the prayer made in this writ petition has become infructuous, in view of the fact that the petitioner is seeking renewal of the Schedule Advertisement hoardings under bye-law Sections II.3A (23), III.4.A (XV) and other provisions of the bye-laws read with Section 135 of the Karnataka Municipal Corporations Act, 1976. Learned Counsel submits that a policy decision was taken by the respondent-BBMP to stop granting licenses for displaying advertisement and commercial hoardings in the city of Bengaluru. That being the position, unless and until there is a re-decision enabling a person to put up a commercial hoarding/advertisement, the question of renewing the license would not arise.
NC: 2023:KHC:23022 WP No. 18907 of 2017
dispute the submissions made by the learned Counsel for the respondent-BBMP.
Sd/JUDGE
DL
1 issue framed by the court
Whether the writ petition seeking renewal of advertisement hoarding licenses is maintainable given the BBMP policy to stop granting such licenses.
3 provisions across 2 enactments
M/S. PRACHAR OUTDOOR ADVERTISING A
BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
