R. S. TRADERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petition was initially filed for quashing letter no. 624 dtd. 14/2/2020 issued by the respondent no. 2 - Joint Secretary, Department of Urban Development and Housing, Ranchi to the Municipal Commissioner, Deoghar Municipal Corporation.

(2.) During pendency of the writ petition, a supplementary affidavit was filed on behalf of the petitioner on 23/11/2021 confining the prayer made in the writ petition to the extent of quashing letter no. 642 dtd. 24/2/2020 (Annexure-4 to the writ petition) issued by the Assistant Municipal Corporation, Deoghar Municipal Corporation, Deoghar, whereby the agreement dtd. 3/7/2018 executed between the petitioner and the respondent no. 3 has been cancelled on the direction of the respondent no. 2 issued vide letter no. 624 dtd. 14/2/2020.

(3.) Learned counsel for the petitioner submits that a tender was invited by the Municipal Commissioner, Deoghar Municipal Corporation, Deoghar for making settlement with respect to collection of hoarding tax/advertisement tax from persons desirous of publicity and advertisement of their brand by fixing posters, boards, hoardings and other advertisement mediums etc. within the jurisdiction of Deoghar Municipal Corporation. The petitioner participated in the said tender and was declared successful. Thereafter, an agreement was executed between the petitioner and the respondent no. 3 on 19/5/2018 for a period of one year commencing from 12/4/2018 and expiring on 31/3/2019. The petitioner erected several hoardings for advertisement, however, due to widening of roads, many hoardings were removed and the petitioner suffered huge loss. The Deoghar Municipal Corporation after approval of the Board, executed a fresh agreement on 3/7/2018, the period of which was from 12/4/2018 to 31/3/2023. Pursuant to the said agreement, the Deoghar Municipal Corporation instructed the petitioner to install unipole hoardings and accordingly, the petitioner started erection of such hoardings getting orders from desirous persons so as to collect hoarding tax on behalf of the respondent no. 3. The petitioner vide letter dtd. 26/11/2018, informed the respondent no. 3 that it had commenced the first phase of establishing unipoles and thereafter on the direction of the respondent no. 3, the petitioner deposited a total sum of Rs.4,65,000.00 in the account of Deoghar Municipal Corporation. The Department of Urban Development and Housing through its Joint Secretary vide letter no. 624 dtd. 14/2/2020 addressed to the Municipal Commissioner, Deoghar Municipal Corporation inter-alia directed to cancel the agreement executed in favour of the petitioner and to issue a fresh tender. Pursuant to the said letter, the Assistant Municipal Commissioner, Deoghar Municipal Corporation, Deoghar cancelled the settlement of the petitioner vide letter no. 642 dtd. 24/2/2020.