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2025 DIGILAW 1589 (KAR)

Popular Advertisers v. State Of Karnataka

2025-12-03

R.NATARAJ

body2025
ORDER : R.NATARAJ, J. In W.P.No.36773/2018 and W.P.No.41315/2018 The learned counsel for the petitioner has filed a memo stating that writ petitions have become infructuous. 2. The memo is taken on record. In view of the memo, these writ petitions are dismissed as having become infructuous. In W.P.No.42632/2018 The learned counsel for the petitioner submits that the writ petition has become infructuous, in view of the fresh ByeLaws, 2024 framed regarding the advertisement, 2. The said submission is noted. In view of the aforesaid submission, the writ petition is dismissed as infructuous. In Writ Petition Nos.38742/2018, 39489/2018, 39654/2018, 39698/2018, 39917/2018, 39968/2018, 39969/2018, 40029/2018, 40367/2018, 40368/2018, 40370/2018, 40373/2018, 40378/2018, 40452/2018, 40820/2018, 41238/2018, 42079/2018, 42697/2018, 42822/2018, 43376/2018 and 55584/2018 The petitioners in W.P.No.38742/2018 has sought for a writ in the nature of mandamus to direct the respondents-BBMP not to remove the hoardings/structure of the petitioners placed in the Bangalore city. 2. The petitioner in W.P.No.39489/2018 has sought for a writ in the nature of certiorari to quash the impugned resolution dated 06.08.2018 (Annexure - A). 3. The petitioner in W.P.No.39654/2018 has sought for a writ in the nature of certiorari to quash the impugned communication dated 27.08.2018 (Annexures - A and B). 4. The petitioners in W.P.No.39698/2018 has sought for a writ in the nature of certiorari to quash Annexures - A, B, C, D, E, F, G, H, J, K & L dated 28.08.2018, 28.08.2018, 28.08.2018, 29.08.2018, 28.08.2018, 28.08.2018, 28.08.2018, 29.08.2018, 29.08.2018, 28.08.2018 & 28.08.2018. 5. The petitioner in W.P.No.39917/2018 has sought for a writ in the nature of certiorari to quash the impugned communication dated 28.08.2018 (Annexure -A). 6. The petitioner in W.P.No.39968/2018 has sought for a writ in the nature of certiorari to quash the order dated28.08.2018 (Annexure - A). 7. The petitioner in W.P.No.39969/2018 has sought for a writ in the nature of certiorari to quash the order dated28.08.2018 (Annexure - A). 8. The petitioner in W.P.No.40029/2018 has sought for a writ in the nature of certiorari to quash the impugned communications dated 29.08.2018 (Annexure - A), 29.08.2018 (Annexure - B), dated 29.08.2018 (Annexure - C) and dated28.08.2018 (Annexure - D) respectively. 9. 8. The petitioner in W.P.No.40029/2018 has sought for a writ in the nature of certiorari to quash the impugned communications dated 29.08.2018 (Annexure - A), 29.08.2018 (Annexure - B), dated 29.08.2018 (Annexure - C) and dated28.08.2018 (Annexure - D) respectively. 9. The petitioner in W.P.No.40367/2018 has sought for a writ in the nature of certiorari to quash the orders dated 29.08.2018 and also for a declaration declaring that there is a deemed permission granted by Bruhat Bengaluru Mahanagara Palike in the application dated 23.09.2015 (Annexure - F). 10. The petitioner in W.P.No.40368/2018 has sought for a writ in the nature of certiorari to call for the records from the file of 2 nd respondent in proceedings in Case No.JC/EAST/SHN/W-311/AD -125/18-19 File No.ARO/SHN/ADVT/PR/188/13-14 dated NIL, vide Annexure - L and also for a declaration declaring that there is a deemed permission granted by the Bruhat Bengaluru Mahanagar Palike in the application dated 23.09.2015. 11. The petitioner in W.P.No.40370/2018 has sought for a writ in the nature of certiorari to quash the orders dated 29.08.2018 (Annexures - L1 and L2) and also for a declaration declaring that there is a deemed permission granted by the Bruhat Bengaluru Mahanagar Palike in the application dated 23.09.2015 and dated 31.10.2015. 12. The petitioner in W.P.No.40373/2018 has sought for a writ in the nature of certiorari to quash the orders dated 29.08.2018 (Annexures - L1 and L2) and dated 28.08.2018 (Annexures - L3 and L4) and also for a declaration declaring that there is a deemed permission granted by the Bruhat Bengaluru Mahanagar Palike in the applications dated20.11.2015 and 31.10.2015. 13. The petitioner in W.P.No.40378/2018 has sought for a writ in the nature of certiorari to quash the orders dated 29.08.2018 (Annexures - L1 and L2) and dated 28.08.2018 (Annexures - L3), and dated NIL (Annexure - L4) and also for a declaration declaring that there is a demand permission granted by the Bruhath Bengaluru Mahanagar Palike in the applications dated 30.10.2015, 29.10.2015 and 23.09.2015. 14. 14. The petitioner in W.P.No.40452/2018 has sought for a writ in the nature of certiorari to quash resolution in Subject No.62/2018-19 dated 06.08.2018 (Annexure - P), the order dated 28.08.2018 (Annexure - Q) and to direct the respondent Nos.1 to 4 to grant a reasonable time of 01 year in the matter of switch over of the nature of material to be used for display of advertisement in the City of Bangalore and to direct the respondent Nos.1 to 4 to extend the benefits of Circular dated 20.08.2018 (Annexure - R). 15. The petitioner in W.P.No.40820/2018 has sought for a writ in the nature of certiorari to quash the orders issued by respondents dated 28.08.2018 (Annexures - A1, A2, A3 and A4) and also to declare that the petitioner is duly permitted licensed advertising agency and therefore entitle to carry on its trade and business as an advertising agency in accordance with law. 16. The petitioner in W.P.No.41238/2018 has sought for a writ in the nature of certiorari to quash the decision of the respondent Corporation dated 06.08.2018 on SubjectNo.62/2018-2019 as per Annexure - A and also to quash the impugned order dated 28.08.2018 as per Annexure - B. 17. The petitioners in W.P.No.41315/2018 has sought for a writ in the nature of certiorari to quash the order dated 25.08.2018 under Section 66 of the Karnataka Municipal Corporation Act as per Annexures - A to A29, B to B9, C to C4, D, E to E3, F to F2, G to G4, H to H2, J to J3 dated 28.08.2018, 29.08.2018, 27.08.2018 respectively and also for a declaration declaring that there is a deemed permission granted by the Bruhat Bengaluru Mahanagara Palike on the applications submitted by the petitioners in regard to the Advertisement hoardings for the period ending 2020 as provided under the provisions of Karnataka Municipal Corporation Act, 1976 read with Section 443(10) and the Advertisement Bye-Laws, 2006 and also for a direction to permit the petitioner to display advertisements on the existing schedule advertisement hoardings by utilizing biodegradable or recyclable displaying material for display of advertisements instead of plastic flex or flexes. 18. 18. The petitioner in W.P.No.42079/2018 has sought for a writ in the nature of certiorari to quash the impugned communications dated 28.08.2018 and 29.08.2018 (Annexures - A, B, C and D) and also for a direction to the respondents not to forcibly cut and remove the schedule hoarding structures and also direct the respondents and their staff not to interfere with the business of the petitioner and display of advertisements made by the petitioner in the schedule hoardings. 19. The petitioner in W.P.No.42632/2018 has sought for a writ in the nature of certiorari to quash the notification / resolution passed by the Bruhat Bengaluru Mahanagara Palike on 06.08.2018 in Subject No.62/2018-19s as highly arbitrary illegal and contrary to law (Annexure - A), quash the notices dated 27.08.2018, 28.08.2018 and 29.08.2018 (Annexure - B, B1, B2, B3, B4) and also writ in the nature of mandamus to direct the respondents to accept applications dated 12.09.2018 and thereby accept payment of advertisement tax for years 2017 - 18 and 2018 - 19 under communication dated 12.09.2018 with respect to schedule properties at rate ofRs.260 per sq. mtr. Annexures - C, C7, D to D7 and E and also for a direction to direct the respondents corporation not to dismantle or remove the advertisement hoardings erected by the petitioner in schedule properties (Annexures - C and C7 and D to D7). 20. The petitioner in W.P.No.42697/2018 has sought for writ in the nature of certiorari to quash the impugned communications dated 28.08.2018 (Annexures - A, B and C) and also for a direction to the respondents not to forcibly cut and remove the schedule hoarding structures and also direct the respondents and their staff not to interfere with the business of the petitioner and display of advertisements made by the petitioner in the schedule hoardings. 21. The petitioner in W.P.No.42822/2018 has sought for a writ in the nature of certiorari to quash the impugned communications dated 29.08.2018 (Annexures - A, B and C), dated 04.09.2018 (Annexure - D) and dated 27.08.2018 and 28.08.2018 (Annexures - E and F) and also for a direction to direct the respondents not to forcibly cut and remove the schedule hoarding structures and also direct the respondentsand their staff not to interfere with the business of the petitioner and display of advertisements made by the petitioner in the schedule hoardings. 22. 22. The petitioner in W.P.No.43376/2018 has sought for a writ in the nature of certiorari to quash the impugned communications dated 29.08.2018 (Annexures - A and B) and also for a directions to direct the respondents not to forcibly cut and remove the schedule hoarding structures and also direct the respondents and their staff not to interfere with the business of the petitioner and display of advertisements made by the petitioner in the schedule hoardings. 23. The petitioner in W.P.No.55584/2018 has sought for a writ in the nature of certiorari to quash the notice dated 30.11.2018 (Annexure - J) and also for a direction to restrain the respondent Nos.1 to 4 from removing any hoarding structure/s situated in Jayanagar 4 th Block, Bus Station Premises as per the Schedule to Agreement dated 04.01.2018 (Annexure - C). 24. During the pendency of these writ petitions, the respondents framed the Bruhat Bengaluru Mahanagara Palike (Advertisement) Bye-Laws, 2024, in exercise of the power conferred under Sections 318 read with Section 157 and Section 319 of Bruhat Bengaluru Mahanagara Palike Act, 2020. 25. Therefore, these writ petitions have become academic, as the grievances of the petitioners in all these writ petitions stand redressed by virtue of the Bye-laws framed in the year, 2024. 26. The Division Bench of this Court in W.P.No.57990/2017, took cognizance of the above and disposed off the writ petition seeking implementation of the Karnataka Open Spaces (Prevention of Disfigurement) Act, 1981). 27. In that view of the matter, all these petitions stand disposed off. 28. However, all contentions including those in respect of the Bruhat Bengaluru Mahanagara Palike (Advertisement)Bye-Laws, 2024 are kept open for the parties to take advantage of the provisions regarding permission or renewal for putting up advertisements as per the new Bye-laws. 29. In view of disposal of these writ petitions, pending interlocutory applications, if any filed in any of these writ petitions, do not survive for consideration and the same stand rejected.