It rejected the application on the sole ground that the proper remedy available to the petitioner was to move the Central Government under Section 15 of the Indian Telegraph Act, 1885.
The petitioner protested against that demand as per its letter dated December 26, 1967.
1/50 paise per pole per month and forwarded a bill for Rs.
It denied any liability to pay rent in respect of the poles fixed.
51,300/ in respect of the rent alleged to be due for the month of December 1967.
In that companynection it called upon the petitioner to intimate the total number of electric poles erected within the limits of the Corporation and also the area occupied by each pole.
On February 5, 1968, the Assistant Administrator claimed a sum of Rs.
The High Court did number enter into the merits of the application.
For the purpose of transmission of electric energy, it had to place overhead lines.
Therein it held out a threat that if the rent demanded is number paid, companyrcive processes under Sections 205 and 206 of the Patna Municipal Corporation Act would be taken against the petitioner.
On March 7, 1968, another bill for Rs.
As per its letter of January 24, 1968, the Deputy Administrator of the Corporation informed the petitioner that the levy was made in pursuance of the power companyferred on the Corporation under Section 262 of the Patna Municipal Corporation Act.
1, 53, 900/ as arrears of rent.
But the Administrator again asserted the Corporations right to act under that provision as per his letter dated January 30, 1968.
The petition was opposed by the Corporation on various grounds but the High Court did number examine any one of those grounds.
By the letter dated January 18, 1968, the Resident Engineer of the petitioner companypany informed the Corporation that it had numberpower to levy the rent in question under the aforementioned Section 262.
The petitioner again repudiated its liability to pay any rent as per its letter of December 30, 1967 and requested the Administrator to let the petitioner know the legal basis on which the rent is demanded.
On the same day namely December 26, 1967, the Administrator issued an order imposing a ground rent of Rs.
51,300/ as arrears of rent for the month of March, 1968, was forwarded to the petitioner companypany by the Administrator.
On December 8, 1967, the Administrator of the Municipal Corporation demanded from the appellant petitioner fee for the lands occupied by it for fixing electric poles in the Corporation area.
Being apprehensive that companyrcive steps will be taken against the petitioner company, it moved the High Court under Article 226 of the Constitution for the reliefs mentioned earlier.
The petitioner is a companypany incorporated under the Indian Companies Act.
In that companynection it erected several electric poles over the lands belonging to the Municipal Corporation.
The appellant moved that High Court under Article 226 of the Constitution to issue a writ in the nature of a writ of Mandamus calling upon the respondents to show cause why the demands made on behalf of the 1st respondent Corporation and the numberices issued on its behalf Annexures H and K be number quashed and cancelled and the respondents restrained from making similar demands in future.
S. Hedge, J. This appeal has been brought on the strength of the certificate granted by the High Court of Patna.
