Madhya Pradesh High Court
Bharti Infratel Limited vs The State Of Madhya Pradesh on 29 February, 2020
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 WP-959-2011
The High Court Of Madhya Pradesh
WP-959-2011
(BHARTI INFRATEL LIMITED Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 29-02-2020
Shri Abhijeet A. Awasthi, learned counsel for the petitioner.
Smt. G.K. Patel, learned Government Advocate for the
respondent/State.
Shri Anuj Shrivastava, learned counsel for the respondents No.2 &3. Heard.
This petition has been filed by the petitioner under Article 226 of the Constitution of India assailing the order dated 30.11.2010 (Annexure P/4) whereby the petitioner company is directed to deposit the property tax.
Learned counsel for the petitioner has submitted that subsequently certain rules have been framed by the Central Government namely Right to Way Rules, 2016 under the Indian Telegraph Act,1885 and subsequently the State Government has also framed policy following the aforesaid Rules known as Policy to Facilitate Establishment of Infrastructure For providing Wire Line Or Wireless Based Voice Or Data Access Services By Telecom Service/Internet Service/Infrastructure Provides in Madhya Pradesh-2019.
Counsel has further submitted that in the light of the aforesaid rules and policy the petitioner seeks permission to withdraw this petition with liberty to file a representation before the concerned authorities for the ventilation of their grievance and a further liberty sought that if any adverse order is passed then the petitioner may revise their prayer.
The aforesaid prayer is not opposed by the counsel for the respondents and even otherwise also this Court is also of the opinion that no prejudice would be caused to the respondents if the aforesaid prayer is accepted.
In view of the same, this petition stands disposed of with the aforesaid liberty. However, it is directed that the if the petitioner submits a fresh representation within a period of one month's from the date of receipt of 2 WP-959-2011 certified copy of this order before the appropriate authority the same shall be decided in accordance with law and if any grievance is still survives the petitioner is at liberty to assail the same in accordance with law.
Accordingly, the petition stands disposed of. Certified copy as per rules.
(SUBODH ABHYANKAR) JUDGE sjk Digitally signed by SHARAN JEET KAUR JASSAL Date: 2020.03.02 15:52:30 +05'30'