w w w . L a w y e r S e r v i c e s . i n



M/s. Godrej and Boyce Manufacturing Co. Ltd. v/s State of Rajasthan & Another


Company & Directors' Information:- GODREJ AND BOYCE MANUFACTURING COMPANY LIMITED [Active] CIN = U28993MH1932PLC001828

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209WB1984PLC037758

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209GJ1984PLC098951

Company & Directors' Information:- INDIA MANUFACTURING CORPORATION PRIVATE LIMITED [Active] CIN = U24100DL2010PTC198947

Company & Directors' Information:- S I A MANUFACTURING PRIVATE LIMITED [Active] CIN = U74120UP2013PTC057004

Company & Directors' Information:- S K M MANUFACTURING PRIVATE LIMITED [Active] CIN = U17200DL2011PTC223768

Company & Directors' Information:- S T S MANUFACTURING PRIVATE LIMITED [Active] CIN = U28112TZ2006PTC012940

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Active] CIN = U27109WB1991PTC051461

Company & Directors' Information:- A K MANUFACTURING PVT LTD [Active] CIN = U51909MN1988PTC003110

Company & Directors' Information:- I T A C (INDIA) MANUFACTURING CO LTD [Dissolved] CIN = L51109WB1982PLC034689

Company & Directors' Information:- J D MANUFACTURING CO PVT LTD [Active] CIN = U51909WB1996PTC079825

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Not available for efiling] CIN = U36900WB1991PTC005146

Company & Directors' Information:- B R D MANUFACTURING PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085188

Company & Directors' Information:- R J S MANUFACTURING PRIVATE LIMITED [Active] CIN = U27104DL1997PTC090521

Company & Directors' Information:- B U MANUFACTURING PVT LTD [Active] CIN = U51109WB1982PTC035271

Company & Directors' Information:- M M MANUFACTURING PVT LTD [Active] CIN = U26922WB1993PTC059837

Company & Directors' Information:- J. C. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U21099WB2020PTC236821

Company & Directors' Information:- S B MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U31506WB1999PTC088567

Company & Directors' Information:- K. V. J. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U29308DL2017PTC320213

Company & Directors' Information:- A T E MANUFACTURING CO PRIVATE LIMITED [Amalgamated] CIN = U28999GJ1973PTC002296

Company & Directors' Information:- J P MANUFACTURING AND CO PVT LTD [Strike Off] CIN = U51226WB1982PTC034927

Company & Directors' Information:- D. K. MANUFACTURING (INDIA) LIMITED [Strike Off] CIN = U37200WB2011PLC170403

Company & Directors' Information:- S M MANUFACTURING COMPANY PRIVATE LIMITED [Active] CIN = U34300HR1997PTC057824

Company & Directors' Information:- G K MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U34300PB2012PTC036073

Company & Directors' Information:- P & B MANUFACTURING PRIVATE LIMITED [Active] CIN = U29254TN2010PTC076696

Company & Directors' Information:- B. V. H. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U74999GJ2018FTC100633

Company & Directors' Information:- R A MANUFACTURING COMPANY PRIVATE LIMITED [Strike Off] CIN = U36900HR2012PTC047669

Company & Directors' Information:- A K R MANUFACTURING PRIVATE LIMITED [Active] CIN = U19200RJ2012PTC041177

Company & Directors' Information:- C N C MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U64204DL2015PTC281449

    Special Appeal (Writ) No. 1024 of 2014

    Decided On, 29 April 2015

    At, High Court of Rajasthan Jaipur Bench

    By, THE HONOURABLE CHIEF JUSTICE MR. SUNIL AMBWANI & THE HONOURABLE MR. JUSTICE AJIT SINGH

    For the Appellant: Anil Mehta, Counsel. For the Respondents: ----------------



Judgment Text

1. We have heard learned counsel appearing for the appellant.

2. M/s. Godrej and Boyce Manufacturing Company Limited has filed this Appeal against an order passed by learned Single Judge dated 26.05.2014, by which he dismissed the writ petition against the demand of advertisement fee raised by the Municipal Corporation, Jaipur for putting a hoarding for advertisement of the product on a commercial building without obtaining licence, for the period, for which the boarding was put on the roof top of the building on a steel structure.

3. Learned Single Judge dismissed the writ petition on the ground that the licence was not obtained for putting the hoarding on the commercial building and no protest was made to the demand notice for realising the advertisement fee, nor there is any provision in the Jaipur Municipal Corporation, Jaipur (Advertisement) Bye-laws, 2004 (for short, 'Bye-laws, 2014'), which requires any hearing before raising demand of advertisement fee on specified rates.

4. Having heard learned counsel appearing for the appellant, we find that display of the hoarding for advertisement on the commercial building, without any licence, was illegal. No protest or objection was made to demand notice for realising the advertisement fee, nor there is any provision in the Bye-laws, 2004, which provides for hearing before raising the demand of advertisement fee. The Bye-laws were not challenged.

5. It is submitted that since there is no provision for adjudication, the provisions for demand and realisation of advertisement fee, are bad in law. Since no objection was filed, nor any protest was made to the demand of the advertisement fee, it is not appropriate for the writ court to adjudicate the matter at the first instance. If the petitioner is aggrieved with the quantum of the fee, there is a provision of appeal under the bye-law No. 26 of the Bye-laws, 2004 notified on 28.07.2004, to challenge the demand notice.

6. The Special Appeal is, accordingly, disposed of with directions that in case the appellant deposits the entire amount under the demand notice, and files an appeal, the appeal will be decided expeditiously. We are informed that the Appellate Authority has not been nominated. If that be so, the State Government will b

Please Login To View The Full Judgment!

e advised to nominate the Appellate Authority, within a period of one month. In case the amount is not deposited within one month, the Appellate Authority will not entertain and decide the appeal. Appeal dismissed - petitioner may file appeal.
O R