Court disposed of writ petition seeking renewal of advertisement hoardings permits. Court held prayer infructuous due to BBMP's policy decision to stop granting licenses for commercial hoardings. No specific legal principle laid down.
Writ petition disposed off as infructuous; no forms to be issued due to policy change.
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NC: 2023:KHC:23022 WP No. 18927 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. 18927 OF 2017 (LB-BMP)
BETWEEN:
M/S. THE BANGALORE OUTDOORS 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 SHIVA KUMAR., ADVOCATE)
AND:
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:23022 WP No. 18927 of 2017
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, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:23022 WP No. 18927 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. 18927 of 2017
dispute the submissions made by the learned Counsel for the respondent-BBMP.
Sd/JUDGE
DL
1 issue framed by the court
Whether petitioner can be directed to issue renewal forms for advertisement hoardings when a policy decision to stop granting licenses exists.
3 provisions across 3 enactments
M/s. The Bangalore Outdoors
Bruhat Bengaluru Mahanagara Palike Commissioner
R. Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
