Andhra Pradesh High Court - Amravati
M/S. New Sri Veerabhadramendra Medical ... vs The State Government Of Andhra Pradesh on 8 July, 2019
Author: M. Ganga Rao
Bench: M. Ganga Rao
HONOURABLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.7974 of 2019
ORDER:
1. This Writ Petition, under Article 226 of the Constitution of India, is filed to declare the Notice in Roc.No.GM/165C/SSR/SVIMS/2014, dated 15.12.2018 issued by the 3rd respondent demanding the petitioner to pay the enhanced license fee even for the period for which the petitioner could not run Medical Store in view of the interim orders granted by the Hon'ble Court in W.P.No.24408 of 2016 as arbitrary, illegal, colourable exercise of power and contrary to the orders, dated 24.04.2017 made in W.P.No.33627 of 2016 and well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.2 and 3 to raise the demand notice for enhanced licence fee after excluding the period i.e., 30.08.2016 to 18.04.2017.
2. Heard learned counsel for the petitioner.
3. The grievance of the petitioner is in pursuance of the notification issued by the 2nd respondent, the petitioner participated in the tender process and granted licence to run the medical store No.3 in its campus by entering into an agreement, dated 11.07.2016 enabling the petitioner to carry out its business. As per the terms and conditions of the agreement, the licence is valid for three years subject payment of 10% enhanced licence fee per annum and obtained licence on 03.08.2016 and was running the medical store 2 No.3 since then. While so, one P.Lakshma Reddy filed W.P.No.24408 of 2016 assailing the leasehold rights granted in favour of the petitioner and granted interim order on 30.08.2016 but the said writ petition was dismissed vide order, dated 18.04.2017. As per interim order, dated 30.08.2016, the petitioner could not run its business till 18.04.2017. The 3rd respondent issued a demand notice for payment of licence fee even for the period for which the petitioner could not run its business. Therefore, the petitioner constrained to file W.P.No.33627 of 2016 assailing demand notice, dated 24.09.2016 and the same was disposed of 24.04.2017 observing that the petitioner is liable to pay the licence fee from 03.08.2016 to 29.08.2016 and 19.04.2017 as the petitioner could not run its business for the period from 30.08.2016 to 18.04.2017. Thereafter, 3rd respondent issued demand notice dated 20.05.2017 and on that the petitioner paid the demanded licence fee and also paying the licence fee without any default whatsoever. The 3rd respondent issued demand notice, dated 15.12.2018 for enhanced licence fee even for the period for which the petitioner could not run its business. Further, the respondents 2 and 3 have collected the licence fee by excluding the period for which the petitioner could not run its business as per the orders in W.P.No.33627 of 2016. The grievance of the petitioner is that issued demand notice for payment of licence fee calculated on the enhanced licence fee including the period from 30.08.2016 to 18.04.2017 i.e., for 231 days is illegal and arbitrary.
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4. In view of the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner, perused the record. This Court could not correct the calculation error in the demand notice, exercising power under Article 226 of Constitution of India. Hence, in the interest of justice, this Court felt it appropriate to dispose of the petition giving liberty to the petitioner to approach the respondents by ventilating his grievance against the demand notice in Roc.No.GM/165C/SSR/SVIMS/2014, dated 15.12.2018 issued by the 3rd respondent and its correctness by way of representation to the 3rd respondent within a period of one week from the receipt of a copy of this order and the 3rd respondent is directed to consider the same and pass appropriate order on the representation as expeditiously as possible within a period of two weeks from the date of submission of the representation by the petitioner and communicate the same to the petitioner.
5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
________________ M. GANGA RAO, J Dated 08.07.2019 Spr Note:
Furnish C.C in two days.
B/o Spr 4 HONOURABLE SRI JUSTICE M. GANGA RAO Writ Petition No.7974 of 2019 8th July, 2019.
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