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RAJIV ROY
Reliance Jio Infocomm Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mrigank Mauli, Rajesh Ranjan, Ratnakar Pandey.
For the Respondents: Yogendra Pd. Sinha, Bindhyachal Singh, Vipin Kumar Singh.

JUDGMENT :

RAJIV ROY, J.

1. This order be read in continuation of the order dated 25.07.2023.

2. The petitioner has challenged the letter nos. 4517 dated 08.04.2019 & 6853 dated 27.05.2019 passed by the Municipal Commissioner, Patna Municipal Corporation (henceforth for short ‘the PMC’) by which taking into account the fact that without any permission, for laying out optical fibers, 3060 poles were erected in Patna and as such, an order was passed under Section 429 read with Section 435 and 438 of the Bihar Municipal Act, 2007 (henceforth for short ‘the Act’) read with relevant sections of Indian Telegraph Act, 1885 with a further direction to the company to pay penalty of Rs. 1,21,80,000/- within a period of 15 days and to remove their installations and submit compliance report failing which the company will attract more penalty and action under section 399 of the Act.

3. The facts of the case has already been incorporated in the order dated 25.07.2023 and it is also clear that there was no answer from the learned Senior Counsel for the petitioner on query whether the mandatory 60 days period which the company ought to have waited for, was violated or not.

4. The matter then zeroed dow

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