The Supreme Court on Monday declined to entertain a plea questioning the stay granted by the Karnataka High Court’s division bench on a single judge’s order that quashed the BBMP’s ban on advertising for one year. A bench of Justices S A Bobde and S Abdul Nazeer refused to consider the special leave petition filed by advocate Gaurav Agrawal on behalf of ‘In and Out Advertising Pvt Ltd’ against the high court’s interim order of February 13.
The court told the counsel to raise his contention before the high court which was seized up of the matter. On this, the counsel preferred to withdraw the petition. The petitioner company contended that the BBMP’s resolution of August 6, 2018, was quashed rightly by the single judge on February 6, for being ultra vires of the Karnataka Municipal Corporation Act, 1976, and advertising bylaws. “The division bench has committed an error of law in staying the operation of the order of the single judge, which was passed after parties consented to it,” the petitioner stated. The company also contended that it would “suffer irreparable injury” if the order of the division bench was not stayed. Out of one year of the ban imposed since August 6, 2018, more than six months have already passed, it said.