PRAKASH ARTS Vs. ANDAMAN & NICOBAR ADMINISTRATION

JUDGEMENT

(1.) The petitioners in this batch of writ petitions are engaged in varied commercial activities. For the purpose of advertisement of their respective activities, they have obtained permission from the Port Blair Municipal Council (hereafter the Council) to erect hoardings at different places within the area under the jurisdiction of the Council on payment of fees to it. The challenge that has been raised by them in these writ petitions, to be noted hereafter separately, is common and hence the same shall stand disposed of by this common judgment and order. W.P. No. 13673 (W) of 2013, at the instance of three petitioners, was moved before the principal seat of the High Court at Calcutta challenging three communications dated 23rd April, 2013 issued by the Executive Engineer (Wks) of the Council intimating the quantum of renewal fees that they are liable to pay for their several hoardings for one year from the dates mentioned therein, as well as the Port Blair Municipal Council Advertisement Amendment Bye-laws, 2012 (hereafter the Amendment Bye-laws of 2012). On 7th May 2013, the writ petition was heard by a learned Judge ex parte and an ad-interim order was passed, to be operative till 14th June 2013, staying operation of the impugned communications. The ad-interim order was extended from time to time and ultimately it was extended till disposal of the writ petition by an order dated 17th September, 2013.

(2.) In W.P. No. 241 of 2013, the sole petitioner has challenged a communication dated 27th June, 2013 issued by the said Executive Engineer intimating the quantum of renewal fees that the petitioner has to pay for display of 15 hoardings for the period between 27th June, 2013 and 26th June, 2014, as well as the aforesaid Amendment Bye-laws of 2012. On 16th July, 2013, upon contested hearing, a learned Judge called for affidavits and stayed the operation of the communication under challenge.

(3.) W.P. No. 332 of 2013 is also at the instance of three petitioners. Similar communications were made to them by the said Executive Engineer regarding payment of renewal fees for display of advertisement on hoardings. The communications dated 23rd April 2013, 3rd June, 2013 and 19th July 2013 issued to the first, second and third petitioners respectively together with the Amendment Bye-laws of 2012 have been assailed in the writ petition.