Khaogali Clean Street Food Hub Owners Association, Bbsr vs. State Of Odisha
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Cause title — parties, addresses and appearances
ORDER Order No. 02.04.2025
1. This matter is taken up through hybrid mode.
The Petitioner in this writ petition prays for the following relief:
“It is therefore prayed that this Ho'nble court may be pleased to admit this writ petition, issue rule nisi calling upon the opposite parties to show cause as to: a) Why the demand of security deposit of Rs. 25,000/- and service charges & GST thereon of Rs.7,200/- per month by the opposite parties shall not be held as arbitrary, illegal and accordingly be quashed. b) Why the members of the petitioner association shall not be refunded back the money taken from them towards security deposit and monthly service charges along with interest. c) Why the opposite parties shall not be permanently restrained from taking any coercive action against the petitioner for not making payment of the aforesaid monthly service charge. d) Why any other Order (S)/ Direction (s) as this Hon'ble Court may deem fit and proper shall not be passed.
If the opposite parties fail to show cause or show insufficient cause then this Hon'ble Court may be pleased to make the Rule absolute by issuing appropriate writ(s)/directions to grant the aforesaid reliefs to secure the ends of justice.
And/or pass any other order/ orders as this Hon'ble Court may deem fit and proper in the ends of justice.
And for this act of kindness the petitioners as in duty bound shall ever pray.”
It is submitted by Mr. Mohanty, learned counsel for the Petitioner that the security deposit of Rs.25,000/- and service charges of Rs.6,000/- per month + GST (in total Rs.7,200/- per month) is highly excessive and it is very difficult on the part of the members of the Petitioner- Association to pay the same, although they have signed the agreement to pay the above.
Mr. Mohanty, learned counsel for Opposite Party Nos.2 to 4-Bhubaneswar Municipal Corporation submits that the members of the Petitioner-Association were provided with space to run their business after signing the agreement to pay Rs.25,000/- towards security deposit and Rs.6,000/- per month + GST (in total Rs.7,200/- per month) as service charges. Thus, they should not raise any objection to the same. It is his submission that after signing the agreement, the members of the Petitioner-Association have not paid a single pie towards service charges taking the plea of pendency of writ petition. Thus, he prays for dismissal of the writ petition as not maintainable.
At this stage, Mr. Mohanty, learned counsel for the Petitioner prays for withdrawal of the writ petition to avail remedy in accordance with law.
In view of the submission made above, this Court disposes of the writ petition as withdrawn with an observation that if any cause of action still survives, the members of the Petitioner-Association may work out their remedy in accordance with law.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(S.K. Mishra) ms
Judge
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.