Cuttack Gymkhana Club PVT. LTD., Cuttack vs. Cuttack Development Authority, Cuttack
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Cause title — parties, addresses and appearances
ORDER 10.04.2025
This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Heard learned counsel appearing for the Parties.
The present Writ Petition though has been filed inter alia with the following prayer:- “It is therefore humbly prayed before this Hon'ble Court that in view of the above mentioned facts & circumstances of the case, this Hon'ble Court may be graciously pleased to issue appropriate Writ (s) / Order(s) / Direction (s) /Declaration under Article 226 of the Constitution of India and more particularly:
Direct the Opposite Party No.1 to recall the office order dated 13.03.23 at ANNEXURE-1 cancelling the BOT lease of the Petitioner alternatively the office order dated 13.03.23 be quashed. AND 2. Direct the Opposite Party No's 1 and 2 not to collect Service Tax/GST on the license fee paid by the Petitioner.
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AND 3. Direct the Opposite Party No.1 and 2 to refund any excess taxes collected by it from the Petitioner. AND 4. Pass such other order/ direction/declaration/ Writ (s) as this Hon'ble Court may deem proper in the interest of Justice. And for the said act of kindness, the Petitioner as in duty bound shall ever pray”.
However, in course of hearing, learned counsel for the Petitioner contended that against the demand as well as cancellation of the agreement, Petitioner has already moved the Vice-Chairman, Cuttack Development Authority-Opposite Party No.2 on 15.03.2023 under Annexure-7. 4. 1. It is contended that appropriate direction be issued to Opposite Party No.2 to take a decision on Annexure-7 by giving due opportunity of hearing to the Petitioner.
Mr. D. Mohapatra, learned Senior Counsel appearing for the Cuttack Development Authority along with Mr.Amit Pradhan also contended that in terms of the agreement executed in between the Petitioner and Cuttack Development Authority under Annexure-2, Opposite Party No.2 is competent to take up the issue as raised in the writ petition, in terms of Clause-XIV of the agreement. Clause-XIV of the agreement reads as follows:-
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“xiv) All disputes and differences between the parties hereto regarding the implementation of the Build Operate Transfer Project of Kalyan Mandap and other facilities or interpretation of any of the terms and conditions herein contained or touching these present or determination of any liability shall be resolved by the Vice-Chairman, CDA or Civil Court of Cuttack”.
It is accordingly contended that Opp. Party No. 2 be directed to take a lawful decision on Annexure-7. It is however contended that the amount deposited by the Petitioner in terms of the interim order passed by this Court on 17.03.2023 be transferred to the account of Opp. Party No. 1 along with accrued interest and the same will be subject to final outcome of the decision to be passed by Opp. Party No. 2. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the Writ Petition directs Opposite Party No.2 to take a lawful decision on the prayer made by the Petitioner under Annexure-7 and by giving due opportunity of hearing to him within a period of four (4) weeks from the date of receipt of this order. The amount kept in the fixed deposit before the Registry in terms of the order dtd.17.03.2023 be transferred to the Account of Cuttack Development Authority along with accrued interest, but with the condition that the same shall be kept in a fixed deposit and it will be subject to final outcome of the decision to be taken by the Vice- Chairman as directed. Till a decision is taken by
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Opposite Party No.2 as directed, no coercive action be taken against the Petitioner also.
Accordingly, the Writ Petition stands disposed of.
(Biraja Prasanna Satapathy)
Judge Subrat
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.