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Rajasthan High Court · body

1990 DIGILAW 153 (RAJ)

National Advertising Company v. Municipal Council Kishangarh

1990-02-20

S.S.BYAS

body1990
JUDGMENT 1. - The petitioner has delivered a draft of Rs. 5,780/- to the learned counsel for the respondent-Municipal Council Kishangarh. 2. The petitioner was allowed to display eight hoardings within the limits of the Municipal Council Kisbangarh at the rate of Rs. 480/- per hoarding for the year 1988-89 i.e. to say 1.4.1988 to 31.3.1989. Thereafter the petitioner sent a bank cheque to the respondent-Municipal Council and continued to display the hoardings. The respondent-Municipal Council decided to remove the hoardings which were and are displayed by the petitioner. The petitioner therefore approached this court to restrain the respondent-Municipal Council from preventing him in displaying the eight hoardings. The grievance of the petitioner is that the Municipal Council is going to auction the displaying of the hoardings for the year 1989-90 which should be stopped. 3. In the return filed by the respondent-Municipal Council it was stated that the petitioner was allowed to display the hoardings for the period of year 1988-89. That period expired on 31.3. 1989. Thereafter the petitioner had no right to display the hoardings. The Municipal Council decided to have the auction of the displaying of hoardings. 4. In view of the stay order granted by this Court the petitioner continued to display the hoardings and is displaying even now. If is true that the petitioner sent a cheque of Rs. 3,860/- to the respondent. Municipal Council as the rent for the displaying of the hoardings for the year 1989-90. However this does not create a right in the petitioner to continue to display the hoardings. The sending of the bank cheque is a unilateral act of the petitioner and it does not amount to any agreement. As such the display of the hoarding by the petitioner for the period from 1. 4.1989 and onwards was unauthorised and unlawful. However during agreements. a consensus developed that the petitioner may continue to display the hoardings for the period up to 31.3.1990 provided he pays the rent at 50 per cent over and above what he paid in the preceding year. This suggestion was acceptable to both the parties. An order therefore was passed on 17.2.1990 directing the petitioner to pay sum of Rs. 5,780/- to the respondent-Municipal Council by a bank draft. The bank draft of the aforesaid amount was given by the petitioner to the learned counsel for the Municipal Council. This suggestion was acceptable to both the parties. An order therefore was passed on 17.2.1990 directing the petitioner to pay sum of Rs. 5,780/- to the respondent-Municipal Council by a bank draft. The bank draft of the aforesaid amount was given by the petitioner to the learned counsel for the Municipal Council. In view of these facts and circumstances the petitioner should be permitted to display the hoardings for the period up to 31.3.1990. The respondents will be at liberty to auction the display of the hoardings for the period commencing from 1.4. 1990. 5. Respondent No. 1 viz./, Municipal Council Kishangarh is directed to allow the petitioner to display the hoardings within its municipal limits upto 31.3.1990. The amount of Rs. 5,780/- paid to the Municipal Council by The petitioner through the bank draft will be taken and treated as a rent for the year 1. 89-90 i. e. to say 1.4.1989 to 31.3.1990. The respondents will be at liberty to auction the displaying of the hoardings for the period commencing from 1.4.1990 and onwards. 6. With these observations the writ petition is disposed of. No order as to costs.Petition disposed of. *******