MS BABAJI ADVERTISEMENT AGENCY v. NAGAR NIGAM KASHIPUR
WPMS/2834/2025 · 2025-12-09
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14539 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14539 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10908 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2834/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Bhupender Bisht,
learned counsel for the petitioner.
2. Mr. Devesh Bishnoi, learned counsel for the respondents.
3. According to petitioner, he was given contract by Nagar Nigam Kashipur for installing unipole hoardings within the municipal limit of Kashipur.
4. By means of this writ petition, petitioner has sought the following reliefs:-
(i) issue a suitable writ order or direction in the nature of mandamus commanding the respondents to remove the advertisement board, Hoardings/Unipoles which have been installed in unauthorized manner by several persons on the rooftop of private and public buildings as well as on the boundary walls within the local limit of Nagar Nigam Kashipur in violation of Rule 5(1), (2) and (4) and Rule 14 of Uttarakhand Municipal Corporation (Advertisement Permit and Determination and Collection of Tax on Advertisement and recovery) Rule 2015. (ii) issue a suitable writ order or direction in the nature of mandamus commanding the respondents to take immediate action for removing the unauthorized advertisement board, Hoardings/Unipoles installed by several persons on the rooftop of private and public buildings as well as on the boundary walls within the local limit of Nagar Nigam Kashipur in violation of Rule 5(1), (2) and (4) and Rule 14 of Uttarakhand Municipal Corporation (Advertisement Permit and Determination and Collection of Tax on Advertisement and recovery) Rule 2015 as
2025:UHC:10908 well as take immediately legal action against those persons who in violation of rules have installed the Hoarding, unipoles and advertisement.
5. Mr. Devesh Bishnoi, learned counsel appearing for Nagar Nigam Kashipur is right in submitting that petitioner cannot approach a writ court for enforcing his contractual rights. However, having regard to the fact that there are Rules, governing the erection of unipole hoardings, the writ petition is disposed of with liberty to petitioner to make representation to the Competent Authority in the Nagar Nigam Kashipur. If he makes representation within ten days from today, decision thereupon shall be taken by the Competent Authority, as per law, within eight weeks thereafter.
(Manoj Kumar Tiwari, J)
09.12.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f980 2a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C 22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.09 04:17:14 -08'00'
2025:UHC:10908