M/S Raj Fun, Through Its Partner, Raghwendra Kumar Singh vs. The Chairman, Hec, Ranchi

WPC/2743/2024HC JharkhandGSTCNR JHHC01014681202417 October 2024Bench: HON'BLE MR.JUSTICE RAJESH SHANKAR2 pages
AI SummaryRemanded

Held

The Court, without expressing any opinion on the merits of the case, granted the petitioner liberty to file a fresh representation concerning the issue before Respondent No. 3, the Chief of Township, HEC Ltd. Upon receipt of this representation, Respondent No. 3 is directed to conduct an inquiry into the matter, provide an opportunity of hearing to the petitioner's representative, and then take an appropriate decision within three weeks from the date of filing the representation. The writ petition was disposed of with these directions.

Facts

The petitioner, M/s Raj Fun, was issued a Letter of Intent (LoI) by the respondent, Heavy Engineering Corporation (HEC) Ltd., on November 23, 2023, to collect 'Haat Rent' from three locations for a monthly license fee of Rs. 4,21,500 plus 18% GST on a total deposit of Rs. 12,64,500. The petitioner filed a writ petition seeking directions for HEC to allow them to collect the rent and to cooperate in its collection. The petitioner stated they were facing difficulties in realizing the rent due to hindrances from local people, which was preventing timely payment of the license fee to HEC. The petitioner requested liberty to bring this fact to the notice of the competent authority within HEC.

Key Issues

1. Whether the petitioner is entitled to directions for the respondent-HEC to allow the collection of 'Haat Rent' and to cooperate in its realization, in light of the Letter of Intent (LoI) dated 23.11.2023? Petitioner's contention: The petitioner argued that they sought cooperation from HEC in realizing 'Haat Rent' as per the LoI. They are facing difficulties due to hindrances from local people, impacting their ability to make timely payments of the license fee. Therefore, their grievance requires consideration by HEC, and they should be given liberty to bring this fact to the competent authority's notice. Revenue/State's contention: Not recorded. Respondent-HEC's contention: The respondent-HEC, through its counsel, stated they had no objection if the petitioner presented their grievance before the Chief of Township, HEC Ltd. (Respondent No. 3).

Sections Cited

Not Applicable

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No. 2743 of 2024

M/s Raj Fun through its partner Raghwendra Kumar Singh, resident of B/1559/Sector-2, Side-4, HEC Colony, P.O. & P.S.- Dhurwa, Ranchi

… … Petitioner Versus

1.

The Chairman, the Heavy Engineering Corporation (HEC) Ltd., Ranchi

2.

The Senior DGM, Revenue, HEC Ltd., Plant Plaza Road, Ranchi

3.

The Chief of Township, HEC Ltd. Ranchi

4.

The Director (Finance), HEC Ltd., Ranchi

5.

The Deputy Superintendent of Police, Hatia, Ranchi

6.

The Officer in-charge, Dhurwa P.S., Ranchi

7.

The Officer in-charge, Jagarnathpur P.S., Ranchi

8.

Pramod Kumar Mishra, Deputy Superintendent of Police, Hatia, Ranchi

9.

Rajesh Kumar Singh, Officer in-charge, Dhurwa, Ranchi

10.

Hari Deo Prasad, Officer in-charge, Jagarnathpur, Ranchi

…. … Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner : Mr. Rajeev Kumar, Advocate

For the State : Mr. Vineet Prakash, A.C. to S.C.-IV

For the Resp.-HEC : Mr. Sushant Kumar, A.C. to

Mr. Rajiv Ranjan, Sr. Advocate

Order No. 06

Dated: 17.10.2024

The present writ petiti

The judgment continues below.

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