Sanjay Karol, CJ. – Petitioners who are engaged in the business of telecommunications have established passive infrastructure, over private properties, at different places within the State of Bihar.

2. Concerning that, different Municipal bodies within Bihar have issued notices to the petitioners (Annexure-4 series varying from 25.08.12 to 02.02.2013) asking them to pay fee/charges in terms of and under the provisions of the Bihar Communication Towers and Related Structures Rules, 2012. (Referred to as the 2012 Rules).

3. Challenging these Rules as also the notices, Annexure-4 series, on 13.02.2013 petitioners filed the instant Petition praying for the following reliefs: –

“(a) That this Hon’ble Court do issue an appropriate Writ/Order/direction to hold and declare clause (I) of sub-section 1 of Section 127 of Bihar Municipal Act, 2007 as substituted by Act 7 of 2011 is ultra vires Article 265 and 246 of the Constitution of India;

(b) That this Hon’ble Court do hold and declare that the Bihar Telecommunication Tower and related Structure Rules 2012 is ultra vires the Constitution of India.

(c) That this Hon’ble Court do issue a writ of mandamus or a writ in the nature of mandamus or an