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Judgment
Arindam Sinha, J
Mr. Rath, learned advocate appears on behalf of petitioner and submits, of documents impugned in the writ petition, letter dated 23rd November, 2017 is more offensive. He draws attention to said letter and submits, where his client has put up racks in the shop room, there has been made demand for payment of increased monthly licence fee on allegation of total area of 9908.99 square feet including the mezzanine floors.
On query from Court he draws attention to order dated 15th April, 2004 regarding grant of the licence. In said order there is hand written clause 7 allowing for extra licence fee to be charged for permissible permanent/temporary structure from the date of construction.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and prays for extension of time to file counter.
The writ petition is of year 2018. Extension of time granted is peremptory. State must take care to produce in the counter the measurement sheet being basis for impugned demand dated 23rd November, 2017. In event counter is not filed by the date, State is to produce the measurement sheet on adjourned date or thereafter. It is made clear, non-production will invite adverse inference.
Counter be filed by 10th April, 2023. Petitioner may file rejoinder, to be accepted on adjourned date upon advance copy served.
List on 17th April, 2023.
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