PITAMBARA NAYAK Vs. ADM BALASORE

JUDGEMENT

(1.) Heard Mr.Ramakanta Panda, learned counsel for the petitioner and Mr.Niranjan Panda-I, learned counsel appearing for opposite party No.2-Balasore Municipality.

(2.) The Writ Petition has been filed challenging the notice issued by the Balasore Municipality dated 24.05.2013 under Annexure-1 by which the Executive Officer of the said Municipality directed the petitioner to remove the unauthorized hoardings failing which the opposite party-Municipality shall remove the same without any further intimation and that too at the cost of the petitioner.

(3.) Perusal of Annexure-2, the agreement entered into between the petitioner and opposite party No.2, in terms of which petitioner's Association was granted lease for two financial years, i.e., 2011-12 and 2012-13 for display of hoardings in the Municipal area in accordance with the Council resolution dated 25.06.2011. Petitioner's essential claim is that as per Clause 23 of the said agreement (Annexure-2) they are entitled for proportionate relaxation in case of removal of existing hoardings. It is alleged that though such relaxation has been claimed by the petitioner the same has not been allowed by opposite party No.2.