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SUJIT NARAYAN PRASAD
Bhupendra Singh Anand @ B. S. Anand, S/o. Late Harnam Singh Anand – Appellant
Versus
Ranchi Municipal Corporation through its Chief Executive Officer – Respondent
JUDGMENT :
This writ petition is under Article 226 of the Constitution of India whereby and whereunder following prayer has been made :-
2. It appears from the writ petition, wherein statement has been made at paragraph 5 thereof that against the enhancement of the license fee, a miscellaneous appeal was filed before the District Judge, Ranchi being Miscellaneous Appeal No.15 of 2004 but the same was dismissed vide judgment dated 12.09.2006.
3. Mr. Ray Rajat Nath, learned counsel appearing for the Ranchi Municipal Corporation, has submitted by referring to the statement made in the counter affidavit filed on behalf of Ranchi Municipal Corporation dated 09.05.2022 wherein the stand about dismissal of the miscellaneous appeal, being Misc. Appeal No.15 of 2004, has been taken. He submits that since against the enhancement the miscellaneous appeal has already been dismissed but the said order has not been assailed by the writ petitioner and without assailing the same, the instant writ petition has been filed seeking direction by issuance of command upon the R
The main legal point established in the judgment is that unless an order passed by a lower court is challenged and quashed, there is no basis for seeking a command to restrain a particular action.
Licence fees imposed by local statutory bodies must be correlated to the cost of services provided and cannot be arbitrarily increased for the sole purpose of revenue generation without following sta....
The main legal point established is that the disputed factual questions should be adjudicated by the competent authority, and the grant of license in excise matter is not a fundamental right.
Demand for license fee before business commencement violates natural justice principles and must be based on factual correctness.
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