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1998 Supreme(Online)(Kar) 12

KARNATAKA HIGH COURT
*R. P. Sethi, C. J., K. R. Prasad Rao, J.
Ameya Presence Marketing (M/s.) v. Bangalore City Corporation and Another


1. All the appellants herein are running advertising agencies which are stated to be registered with the respondent - corporation. They allege to have filed applications before the 2nd respondent seeking permission to erect hoardings at different places in the City. As, despite receipt of the applications and the expiry of the statutory period, no order was passed, they filed petitions in this Court for issuance of directions to the respondent Corporation not to remove the hoardings erected by them on the ground that they be deemed to have permission in terms of the provisions of S. 443 (10) of the Karnataka Municipal Corporations Act, 1976 ('Act' for short). The writ petitions were dismissed by the learned single Judge vide the orders impugned in these appeals holding that the deemed provisions under S. 443 (10) of the Act were not applicable in view of the mandatory provisions made under S.134 and S.135 of the Act providing for tax and seeking of written permission.

2. It is contended on behalf of the appellants that the learned single Judge was not justified in holding that the provisions of the deemed permission in terms of S. 443 (10) of the Act were not applicable in the case

























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