KISHORE GUPTA Vs. MUNICIPAL CORPORATION INDORE

JUDGEMENT

(1.) This petition and Misc. Petitions Nos. 83, 69 and 100 of 1973, have been filed by the respective petitioners challenging two orders, in this petition, one bearing No. 1208 dated 9-1-1973 issued by the Administrator, Indore Municipal Corporation, and the second dated 19-4-1973 issued by the Mal Padadhi-kari of the Indore Municipal Corporation.

(2.) According to the petitioners, they have been permitted by the Municipal Corporation under bye-laws regulating Public Advertisements etc., framed by the State Government dated 19th December 1944 under the Indore Municipal Act to put up their own hoardings for putting up advertisement boards and they were permitted to do it on payment of charges as prescribed under thosa bye laws framed under the Indore Municipal Act. By the impugned order dated 9-11973 the Administrator of the Municipal Corporation directed that henceforth those boards will be given on auction and the order of the Mal Padadhi-kari dated 12-4-1973 prescribed that the auction will be by tenders (quotations) to be submitted in writing by persons intending to put the advertisements on their own hoardings at the places permitted by the Corporation.

(3.) It is contended by the petitioners that these bye-laws were framed under the Indore Municipal Act by the State Government and by these bye-laws the fees have been prescribed, which are being charged up to the date of filing of these petitions. The order of the Administrator dated 9-1-1973 amounts to repealing of these bye-laws but the Administrator in law had no authority to repeal the old bye-laws and frame new ones as the procedure for framing of bye-laws has been provided for under the Madhya Pradesh Municipal Corporation Act, 1956 (hereinafter referred to as the 'Madhya Pradesh Act') in Sections 427, 428 and 429; and as this has not been done the old bye-laws continued in force and this order issued by the Administrator is without any authority.