High Court Patna High Court - Orders

Vodafone Essar Spacetel Ltd. vs The State Of Bihar &Amp; Ors on 16 September, 2010

Patna High Court – Orders
Vodafone Essar Spacetel Ltd. vs The State Of Bihar &Amp; Ors on 16 September, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CWJC No.15498 of 2010
                            VODAFONE ESSAR SPACETEL LTD.
                                           Versus
                               THE STATE OF BIHAR & ORS
                                         -----------

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.)