Babuli Khuntia vs. State Of Odisha

Facts

The petitioners, shopkeepers in the Angul-Paradeep Bus stand, filed a writ petition before the High Court. They sought directions to the opposite parties (identified as authorities responsible for the bus stand) to waive rent and GST for the lockdown/shutdown period. Additionally, they requested a clear one-month notice before any demolition of their shop rooms in case of renovation. During the hearing, the petitioners' counsel stated that a representation (Annexure-3) had been made to opposite party no.3 highlighting these grievances and requested that this representation be directed to be disposed of within a stipulated time. The court did not express any opinion on the merits of the case.

Held

The Court, without expressing any opinion on the merits of the case, disposed of the writ petition. The primary direction issued was to opposite party no.3 to consider the representation filed by the petitioners (Annexure-3). The Court directed that appropriate orders should be passed in accordance with the law within a period of three months from the date of production of an authenticated/certified copy of the order. The specific issues regarding the waiver of rent and GST for the lockdown period and the requirement of a one-month notice before demolition were not directly decided on merits but were to be considered as part of the representation by opposite party no.3. The ratio decidendi is that representations made by aggrieved parties should be considered by the concerned authorities within a reasonable time frame as per law.

Key Issues

1. Whether the Court should direct the opposite parties to waive rent and GST for the lockdown/shutdown period, considering the circumstances faced by the petitioners? (Question of law and fact, potentially touching upon principles of equity and contractual obligations under the GST regime). 2. Whether the Court should direct the opposite parties to provide a clear one-month notice before any demolition of shop rooms for renovation purposes? (Question of law and fact, concerning procedural fairness and tenant rights). Contentions of the Petitioners: The petitioners argued that due to the lockdown/shutdown period, they were unable to conduct business and therefore should be granted relief in terms of rent and GST waiver. They also emphasized the need for procedural fairness, specifically requesting a one-month notice before any demolition. They relied on their representation (Annexure-3) made to opposite party no.3. Contentions of the Revenue/State: The judgment does not record any specific arguments or contentions made by the revenue or state authorities regarding the waiver of rent and GST or the notice period for demolition.