IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.15498 of 2010
VODAFONE ESSAR SPACETEL LTD.
Versus
THE STATE OF BIHAR & ORS
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02/ 16.09.2010 1. Heard learned counsel for the petitioner, learned
counsel for the State of Bihar and its authority (respondent nos. 1
and 2).
2. This writ petition has been filed challenging notices
(Annexure-1 series) issued by respondent nos. 3 to 9 demanding
tax/rent/fee at the rate of Rs.2,000/- per meter height of the tower
per year per tower from the petitioner company on the basis of
State Government order as contained in memo no.5499 dated
17.11.2009.
3. The said Government order is under challenge in
CWJC No.8627 of 2009 which is pending in this court and in that
case an interim order dated 21.12.2009 (Annexure-3) has been
passed that till further orders there shall be no realisation of such
tax.
4. Issue notice to respondent nos. 3 to 9 by both processes,
i.e. under ordinary process as well as under registered cover with
A/D, for which requisites etc. must be filed by the petitioner by
(20.09.2010), failing which this writ petition as against them shall
stand dismissed without further reference to the Bench.
5. Put up this case immediately after receipt of the service
report. In the meantime, learned counsel for respondent nos. 1 and
2 shall seek instructions and file counter affidavit.
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6. In the aforesaid circumstances, let the operation of
impugned demand notices (Annexure-1 series) remain stayed till
further orders.
Sunil (S. N. Hussain, J.)