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2023 Supreme(Online)(JHK) 9701

HIGH COURT OF JHARKHAND
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR, HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, JJ
THE STATE OF JHARKHAND THROUGH SMT VANDANA DADEL – Appellant
Versus
M/S BEBBCO MOTORS PRIVATE LIMITED THROUGH ITS DIRECTOR KRISHNA BHALOTIA – Respondent


ORDER

18 th August 2023   

Per, Shree Chandrashekhar, J. 

Against the order dated 22 nd September 2022 passed in W.P (C) No.3790 of 2009, three separate Letters Patent Appeals vide L.P.A No.444 of 2022, L.P.A No.461 of 2022 and L.P.A No.466 of 2022 have been filed.

2. M/s Bebbco Motors Private Limited which is the writ petitioner was aggrieved of the order dated 25 th May 2009 passed by the Managing Director of Adityapur Industrial Area Development Authority (in short,“AIADA”) by which a demand of Rs.51,17,232/- was made for commercial use of the land with a further direction to deposit annual rent @ 0.5% of the cost of land.

3. The writ Court having noticed the rival contentions came to a finding that the AIADA was not authorized to resolve to charge commercial rate which reflected on the functioning, integrity and conduct of its officers. Now looking at the writ Court’s order, what strikes the mind of the Court is whether any such prayer was made in the writ petition and whether the scope of the reliefs sought by M/s Bebbco Motors Private Limited would include such an enquiry as contemplated and ordered by the writ Court. In fact, a simple issue in law regarding demand of Rs.51,17,232

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