RAJ. ADVERTISING SERVICE v. MUNICIPAL CORPORATION, JODHPUR
2006-05-04
GOVIND MATHUR
body2006
DigiLaw.ai
Judgment ( 1 ) BY this petition for writ a direction is sought to declare the by-laws made under the Notification dated 13. 11. 1976 by exercising powers under Clause (90) of Sub-Sec. 1 of Sec. 10 of rajasthan Municipalities Act, 1959, ultra virus to Article 14 and ( 2 ) 300-A of the Constitution of India. It is avered by the petitioner that at twelve sites in the city of Jodhpur it is having advertising hoardings, but, the municipal Corporation, Jodhpur wanted to put those hoardings on auction for the purpose of advertisement. ( 3 ) ACCORDING to the petitioner, the hoardings are standing at private land, therefore, the Corporation is having no authority to put those hoardings for auction. In reply to the writ petition, it is stated that out of the twelve sites referred by the petitioner in writ petition, only three sites are under the control of private persons and for those three sites, Municipal Corporation was not going to make any auction. ( 4 ) IN rejoinder the petitioner has controverted the averment made on behalf of Municipal Corporation that the nine sites where the advertising hoardings are standing is public/municipal land. ( 5 ) BE that as it may, the resultant position is that the municipal Corporation in unambiguous terms averred in reply to the writ petition that it was not going to put the hoardings on auction which are situated at private land. ( 6 ) IN view of this statement, no grievance of the petitioner survives. The issue with regard to title/ownership of the land where the hoarding are said to be situated can not be decided in writ jurisdiction. If the petitioner or any other person is having any interest with regard to title/ownership of the site concern, they may avail appropriate remedy available to them under the Statute or by way of filing civil suit. The writ petition is disposed of accordingly.