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