M/S Sahil Medicos And Anr vs. Guru Angad Dev And Ors
Facts
The petitioners, M/s Sahil Medicos and another, filed a writ petition before the Punjab and Haryana High Court challenging the licence fee being charged by Guru Angad Dev Veterinary & Animal Sciences University, Ludhiana, for operating a drug store. The petitioners' previous lease agreement had ended, and fresh tender proceedings were challenged in a separate writ petition (CWP No. 26576 of 2018), where an interim order was passed on 15.10.2018. Due to this interim order maintaining status quo, the respondent-authorities requested the petitioners to continue operating the shop on payment of a licence fee of Rs.1,55,000/- plus taxes. The petitioners acceded to this request under protest, arguing that the current licence fee is significantly higher than their previous fee of Rs.87,120/- plus GST, representing an increase that is nearly double, whereas a reasonable increase would be around 10%. They sought a refund of the excess licence fee paid.
Held
The Court, without commenting on the merits of the case, found it expedient to allow the petitioners to approach the respondent-authorities with a fresh representation for a reduction in the licence fee. The Court directed that the concerned authorities shall consider and decide this representation expeditiously, in accordance with law, and pass a reasoned order. It was explicitly clarified that the Court had not expressed any opinion on the merits, and the respondent-authorities were free to examine the matter considering all facts and facets before accepting or rejecting the representation. The operative direction was to grant liberty to the petitioners to file a fresh representation.
Key Issues
1. Whether the licence fee of Rs.1,55,000/- plus taxes charged by the respondent-authorities for the continued operation of the drug store by the petitioners, pending the decision of a related writ petition challenging tender proceedings, is excessive and unreasonable, considering the previous licence fee was Rs.87,120/- plus GST? Petitioner's contention: The petitioners argued that the current licence fee is disproportionately high, having practically doubled from the previous fee, whereas a reasonable escalation would be around 10%. They contended that the authorities should have limited the increase to a modest percentage and sought a refund of the excess amount paid. Revenue/State's contention: The judgment does not record any specific arguments made by the respondent-authorities regarding the quantum of the licence fee or the petitioners' claim for a refund. The court's disposition suggests that the matter was not argued on merits by the respondents.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 12329 of 2021 (O&M)
Date of decision:- 12.07.2021
M/s Sahil Medicos and another
…..Petitioners
Versus
Guru Angad Dev Veterinary & Animal Sciences University, Ludhiana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE
HON’BLE MR. JUSTICE ARUN PALLI, JUDGE.
Present:- Mr. Jagat Vir Dhindsa, Advocate, for the petitioner.
(The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court). * * * * RAVI SHANKER JHA, CHIEF JUSTICE (oral)
This petition has been filed by the petitioners being aggrieved by the licence fee being charged in excess by the respondents for the drug store which the petitioner has been permitted to operate in Guru Angad Dev Veterinary & Animal Sciences University, Ludhiana. It is undisputed that the petitioner’s lease agreement had already come to an end and fresh tender proceedings initiated by the respondent-authorities are subject matter of the writ petition filed bef
The judgment continues below.
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