1. Heard Sri Devaang Savla holding brief of Sri Anuj Srivastava for the petitioners, learned Standing Counsel for respondent No.1 and Sri P.K. Singh for respondents 2 and 3. With their consent, the petition is being disposed of finally without inviting a formal counter affidavit.

2. The petitioner, a proprietorship concern of petitioner No.2 was awarded a contract by Nagar Nigam, Ghaziabad for construction of public toilet at places earmarked by Nagar Nigam. One of the right given to the petitioners under the contract was to use structure of public toilet for advertisement by installing unipole for a period of six years extendable for further period of five years subject to approval of the competent authority provided there was no damage to the public toilet on account of display of unipole. The period of six years under the contract is over and now the respondent Nagar Nigam had declined to grant extension on the ground that the petitioners had committed breach of the conditions of the contract by displaying unipole of a larger size than what was stipulated in the agreement. The order declining to extend the period also records that despite notice to the petitioners to display unipole of the size permissible under the contract, the petitioners had not removed the over-size unipole and consequently, the respondent Nagar Nigam had declined to extend the permission for display of advertisement on unipoles over public toilets and aggrieved thereby, the instant petition has been filed.

3. After making brief submissions, counsel for the petitioners submits that since the respondents had declined to extend the period without providing opportunity of hearing to them, therefore they be granted liberty to file their objection and the respondent Nagar Nigam be directed to take decision in the matter.

4. Sri P. K. Singh, learned counsel for respondent Nagar Nigam has no objection to the same.

5. Accordingly, the petition is disposed of with liberty to the petitioners to file objection within two weeks alongwith evidence on which they seek to rely upon and in which event the respondent Nagar Nigam shall pass a fresh order taking into consideration the objection and the evidence filed by the petitioners. The impugned order will abide by the decision that would be taken by the respondents on the objection/representation which is filed by the petitioners in compliance of the instant order.