Biswamohan Pattnaik vs State Of Odisha And Others

Arindam Sinha, J

The writ petition was moved before this Bench on 27th March, 2023. On behalf of petitioner it was submitted, of documents impugned in the writ petition, letter dated 23rd November, 2017 was most offensive. Petitioner had put up racks in the shop-room. There had been made demand for payment of increased monthly licence fee, on allegation of total area of occupation at 9908.99 square feet, including the mezzanine floor.

Pleadings are complete and the writ petition is taken up for hearing and disposal.

Mr. Rath, learned advocate appears on behalf of petitioner and draws attention to original licence by order dated 15th April, 2004. The permission was with effect from 21st May, 2002 to 20th May, 2005. There was a term for extra licence fee to be charged, on permissible permanent/temporary structure, from date of construction. Extension of the licence from 21st May, 2005 to 31st March, 2008 was made by order dated 27th March, 2008. The orders granting permission had required petitioner to execute successive lease deeds, which were executed.

Mr. Rath draws attention to order dated 27th March, 2023, wherein there was direction, inter alia, for production of measurement sheet by the counter. He submits, impugned letter was purportedly based on a calculation of alleged area occupied, signed by the Assistant Engineer on 15th September, 2015. Inspite of the direction, measurement sheet was not disclosed in the counter but the same calculation sheet, annexed. He submits, the demand being baseless is thus demonstrated.

Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and points out from paragraph 10 in the counter that petitioner is enjoying the shop hall as made into three floors (ground, mezzanine and first floor), all being used for commercial purpose. He submits further, it is not a calculation sheet but a measurement sheet giving dimensions measured of the ground, mezzanine and first floors under occupation of petitioner. Mr. Rath on instruction submits, only part of the first floor is being used for commercial purpose.

The sheet bearing particulars of floor area, signed by the Assistant Engineer on 15th September, 2015, has been disclosed immediately after impugned letter dated 23rd November, 2017, in the writ petition. It also stands disclosed in the counter. The particulars, taking them to be measurement of the floors, do not mention nature of user. In the circumstances, a clear basis for the demand does not emerge. That being so, impugned letter dated 23rd November, 2017 is set aside and quashed. Opposite party no.3 will take measurement of floor areas under occupation of petitioner and indicate nature of user. On basis of such measurement, the department will raise fresh demand of lease rent on petitioner.

The writ petition is accordingly disposed of.

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