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

2. Concerning that, Bettiah Nagar Parishad has issued notice dated 16.09.2019 to the petitioner (Annexure- 5) asking it 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 notice, Annexure-5, on 15.10.2019 petitioner filed the instant Petition praying for the following reliefs: –

“(i) To issue an appropriate writ/order/direction to hold and declare clause (1) of sub section (1) of Section 127 of the Bihar Municipal Act, 2007 (hereinafter referred as the Act) inserted by Bihar Act 7 of 2011 as ultra vires the provisions as contained in Article 265 and 246 of the Constitution of India.

(ii) To issue an appropriate writ/order/direction in the nature of Certiorari for quashing the Bihar Communication Towers and Related Structures Rules, 2012 (hereinafter referred to as the Rule) as contained in Annexure-3 on the ground of same being illegal, ultra vires Article 265 and 246 of Constitution of India and suffering from vices of excessive delegation.

(iii) Consequent upon the quashing of the Rule as contained in Annexure-3, a writ of certiorari for quashing the demand notice as contained in memo no.1262 dated 16.09.2019 by the respondent Bettiah Nagar Parishad whereby demand have been made for 4 mobile towers to the tune of Rs. 1,65,57,913 (Rs. One Crore Sixty Five Lac Fifty Seven Thousand Nine Hundred and Thirteen only), towards registration fee, annual renewal fee from the date of installation, additional antenna fee and interest for delayed payment, as contained in Annexure-5 may be issued.

(iv) During the pendency of the present writ application operation of the aforesaid memo no.1262 dated 16.09.2019 may be stayed and the respondent Bettiah Nagar Parishad may be restrained from taking any coercive action including sealing/removal of towers belonging to the petitioner company.

(v) To any other relief or reliefs for which the petitioner is found entitled in the facts and circumstance of the case.”

4. On 17.10.2019 this Court passed interim order to the following effect: –

“Heard learned counsel for the petitioner and learned counsel for the State.

2. In this case, the petitioner is challenging the demand notice issued by the Municipal Corporation challenging the constitutional validity of Section 127 (1) of the Bihar Municipal Act, 2007 on the ground of legislative incompetence of the State Legislature.

3. The large number of cases are pending before this Court and one of the matters went upto Hon’ble Supreme Court for grant of interim relief. The Hon’ble Supreme Court in the case of ATC India Tower Corporation Private Limited and another vs. State of Bihar and others in Civil Appeal Nos.11001- 02 of 2013, passed the following order: –

“Leave granted.

Heard Mr. Harish N. Salve, learned senior counsel appearing for the appellants and Mr. Ranjit Kumar, learned senior counsel appearing for the respondents at some length.

Looking at the facts of the case, we request the High Court to dispose of the batch of Writ Petitions pending before it expeditiously, preferably within six months from the date of communication of this order to it.

In the meantime, the appellants shall give before the High Court a Bank Guarantee in respect of the amount which has been demanded so far and for the amount which they might have to pay by way of the demand, if raised in future.

It is made clear that there shall not be any interim refund in the meantime.

With the above observations and directions, the Civil Appeals are disposed of as allowed with no order as to costs.”

4. In view of the order passed by the Hon’ble Supreme Court, the petitioner would furnish the bank guarantee amount of Rs.1,65,57,913/- (Rupees one crore sixty five lakh