IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5924 of 2010
INDIA TELECOM INFRA LIMITED
Versus
THE STATE OF BIHAR & ORS
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02/ 16.09.2010 Heard learned counsel for the petitioner, learned counsel
for the State of Bihar and its authority (respondent nos. 1 and 2)
and learned counsel for the Patna Municipal Corporation
(respondent no.3) as well as learned counsel for the Gaya
Municipal Corporation (respondent no.9).
2. This writ petition has been filed challenging notices
(Annexure-2 series) issued by respondent nos. 4 to 8 and 10
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-5) has been
passed that till further orders there shall be no realisation of such
tax.
4. Issue notice to respondent nos. 4 to 8 and 10 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.
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5. Put up this case immediately after receipt of the service
report. In the meantime, learned counsel for respondent nos. 1 and
2, learned counsel for respondent no.3 as well as learned counsel
for respondent no.9 shall seek instructions and file their respective
counter affidavits.
6. In the aforesaid circumstances, let the operation of
impugned demand notices (Annexure-2 series) remain stayed till
further orders.
(S. N. Hussain, J.)
Sunil