High Court Patna High Court - Orders

India Telecom Infra Limited vs The State Of Bihar &Amp; Ors on 16 September, 2010

Patna High Court – Orders
India Telecom Infra Limited vs The State Of Bihar &Amp; Ors on 16 September, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CWJC No.5924 of 2010
                             INDIA TELECOM INFRA LIMITED
                                           Versus
                               THE STATE OF BIHAR & ORS
                                         -----------

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