Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 7271 of 2013 M/s Viom Networks Ltd, a company incorporated under the Companies Act, 1956 having its registered office at D-2, 5th floor, Southern Park, Saket Place, P.O & P.S. Saket, District-South Delhi, New Delhi-110017 and its Circle Office Patliputra Colony, P.O.& P.S-Shastrinagar, Patna Bihar through authorized representative Mr. Sumit Prakash, son of Om Prakash Sinha, R/o C-53, A.G. Colony, P.O.-Ashiana Nagar, P.S.- Shashtri Nagar, Patna-800025 Bihar working for gain as Circle Legal head, Bihar and Jharkhand Circle, M/S Viom Networks Ltd. … … Petitioner Versus 1. Union of India through the Secretary, Department of Telecommunication, 1300- A, Sanchar Bhawan, P.O.& P.S. New Delhi, District-New Delhi-110001 2. The State of Jharkhand through its Chief Secretary, Project Building, H.E.C., Dhurwa, Ranchi 3. The Principal Secretary, Department of Urban Development, Government of Jharkhand, Project Building, HEC, Dhurwa, Ranchi 4. The Executive Engineer, Giridih Nagar Parshad, Giridih, P.O., P.S. & District- Giridih 5. The Executive Officer, Chatra Nagar Panchayat, P.O., P.S. & Dist-Chatra 6. The Vice-Chairman, Ranchi Regional Development Authority, Pragati Bhavan, Kutchery Chowk, P.O-GPO, PS-Sadar, Dist-Ranchi. … … Respondents WITH W.P.(C) No. 2374 of 2014 Reliance Infratel Ltd, a Company duly registered under the provisions of the Companies Act, 1956 having its registered office at H-Block, first floor, Dhirubhai Ambani Knowledge City, Navi Mumbai-400710 and having its Circle Office at 3rd Floor, Maru Tower, Kanke Road, Ranchi through its Commercial Head Shri Indrajit Mukhopadhyay, son of Shri N.C. Mukhopadhyay, having address 3rd Floor, Maru Tower, Kanke Road, P.O.-Ranchi University, P.S.- Gonda, District-Ranchi … Petitioner versus 1. Union of India through the Secretary,Department of Telecommunication, 1300-A, Sanchar Bhawan, P.O.& P.S. New Delhi, District-New Delhi-110001 2. The State of Jharkhand through its Chief Secretary, Project Building, H.E.C., Dhurwa, Ranchi 3. The Principal Secretary, Department of Urban Development, Government of Jharkhand, Project Building, HEC, Dhurwa, Ranchi 4. The Executive Officer, Chatra Nagar Panchayat, P.O., P.S. & Dist-Chatra … … Respondents WITH W.P.(C) 6635 of 2014 Ideal Cellular Infrastructure Services Ltd registered under the Companies Act, 1956 having its registered office at Suman Towers, Plot no. 18, Sector 11, PO, PS & Dist. Gandhi Nagar, Gujrat-382011 and its Circle office at 1st Floor, Sumitra Sadan, above ICICI Bank, Boring Road Crossing, PO & PS Boring Road, Patna, Bihar through authorized signatory Mr. Vipul Tripathi, S/O Sri R.L.Tripathi, R/O Flat No. 404, Taluka Apartment, Buddha Colony, PO & PS- Buddha Colony, Dist-Patna, Bihar working for gain as Legal Head, Bihar & Jharkhand Circle, Idea Cellular Infrastructure Services Ltd. … … Petitioner. -Versus- 1. Union of India, through the Secretary, Department of Telecommunications 1300-A, Sanchar Bhawan, PO & PS New Delhi, Dist- New Delhi-110001.
2. The State of Jharkhand through its Chief Secretary, Project Building, HEC, Dhurwa, Ranchi.
3. The Principal Secretary, Department of Urban Development, Government of Jharkhand, Project Building, HEC, Dhurwa, Ranchi.
4. The Chief Executive Officer, Deoghar Municipal Corporation, At, PO, PS & Dist Deoghar. … … Respondents WITH W. P. (C) No. 3592 of 2014 1. CHENNAI NETWORK INFRASTRUCTURE LIMITED, a company incorporated under the Companies Act, 1956, having its Registered Office at Door No. 34/1 DL, New no. 403/L, Samsom Tower, 7th floor, Pantheon Road, PO & PS Egmore, Dist Chennai, Chennai 600008, Tamilnadu, having its Circle Office at, Commerce House, 3rd Floor, Room No. 308, Sharda Babu Street, PO GPO, PS Kotwali, District Ranchi, Jharkhand, PIN-834001, represented through the authorized representative Sri Syed Akhtar Ali Shah, S/ O Sri Syed M.A. Shah, R/O Shakti Sadan Apartment, 307, 3rd Floor, Near Dr. K.K.Sinha Residence, Bariatu Road, PO & PS Bariatu, Ranchi, Jharkhand, PIN-834009.
2. GTL Infrastructure Limited, having its registered office at 3rd Floor, Global Vision, Electronic Sadan No. II, MIDC TTC Industrial Area, PO & PS Mahape, Navi Mumbai, Maharashtra-400710, having its Circle Office at, Commerce House, 3rd Floor, Room No. 308, Sharda Babu Street, PO GPO, PS Kotwali, District Ranchi, Jharkhand, PIN-834001, represented through the authorized representative Sri Syed Akhtar Ali Shah, S/O Sri Syed M.A. Shah, R/O Shakti Sadan Apartment, 307, 3rd Floor, Near Dr. K. K. Sinha Residence, Bariatu Road, PO & PS Bariatu, Ranchi, Jharkhand, PIN-834009, working for gain at GTL, Infrastructure Limited as Circle Head, Jharkhand Circle … … Petitioners. -Versus- 1. Union of India, through the Secretary, Department of Telecommunications, 1300-A, Sanchar Bhawan, PO & PS New Delhi, Dist-New Delhi-110001.
2. The State of Jharkhand through its Chief Secretary, Project Building, HEC, Dhurwa, Ranchi.
3. The Principal Secretary, Department of Urban Development, Government of Jharkhand, Project Building, HEC, Dhurwa, Ranchi.
4. The Chief Executive Officer, Ranchi Municipal Corporation, PO, GPO, PS Sadar, Dist. Ranchi.
5. The Vice Chairman, Ranchi Regional Development Authority, PO GPO, PS Sadar, Dist Ranchi.
6. The Executive Officer, Chatra Nagar Panchayat, PO, PS & Dist Chatra.
7. The Deputy Commissioner, Deoghar, At, PO, PS & Dist Deoghar, 8. The Chief Executive Officer, Deoghar Municipal Corporation, At, PO, PS & Dist Deoghar. … … Respondents. WITH W.P.(C) No. 4248 of 2014 Ascend Telecom Infrastructure Private Limited, A company incorporated under the Companies Act, 1956 having its registered office at No. 37-2 Plot No. 332, Mani Mansion, Defence Colony, Sainikpuri, Secunderabad-500094 P.O.& P.S.- Defence Colony, District-Secunderabad, State / Telengana and having its Circle Office at Bariyatu P.O.&P.S.- Bariyatu District-Ranchi Jharkhand represented through the authorized representative Sri Rakesh Kumar Pandey, S/o Sri Sambhodatt Pandey, working for gain at Ascent Telecom Infrastructure Private Limited as Circle Head, Jharkhand Circle Versus 1. Union of India through the Secretary,Department of Telecommunication, 1300- A, Sanchar Bhawan, P.O.& P.S. New Delhi, District-New Delhi-110001 2. The State of Jharkhand through its Chief Secretary, Project Building, H.E.C., Dhurwa, Ranchi 3. The Principal Secretary, Department of Urban Development, Government of Jharkhand, Project Building, HEC, Dhurwa, Ranchi 4. The Chief Executive Engineer, Ranchi Municipal Corporation, P.O.GPO, P.S. Sadar, District Ranchi 5. The Vice Chairman, Ranchi Regional Development Authority, P.O. GPO, P.S.-Sadar, Ranchi 6. The Municipal Commissioner, Deoghar Municipal Corporation, P.O., P.S. & District Deoghar. … … Respondents --- Coram: Hon'ble Mr. Justice Virender Singh, Chief Justice Hon'ble Mr. Justice Aparesh Kumar Singh --- For the Petitioner: Mr. Anil Kumar Sinha, Sr. Advocate, Bharat Kumar, Advocate in (WPC72712013, 3592/2014, 6635/2014 & 4248/2014) & Mr. Sanjay Kr. Dwivedi, Advocate in (WPC23742014): For the Resp-State: Mr. Ajit Kumar, A.A.G. For the Resp.RRDA:Mr. Prashant Kumar Singh, Advocate --- th Order No. 05: Dated 24 February 2015 Per Virender Singh, C.J.
(Oral): --- We have been informed that the case of similar nature which originates from Gujarat High Court, is before Hon'ble Supreme Court in which interim direction has also been passed. Learned Senior Counsel submits that other High Courts have also passed interim direction restraining the State authorities from adopting any coercive method for recovery of taxes. Photo-stat copy of the order passed in S.L.P.(C) No. 19675-19678/2013 and other connected S.L.P. of the same nature have been placed on record. Photo-stat copy of the orders passed by other High Courts have also been brought to the notice of the Court. Learned Senior Counsel submits that the next date now fixed before the Hon'ble Supreme Court is 26.03.2015. List the instant petitions on 28.04.2015 Interim direction as contained in the aforesaid S.L.P(s). shall also govern the instant petitions so far as it relates to the demand raised by Municipal Corporations in each individual case. ( Virender Singh, C.J.) (Aparesh Kumar Singh, J) Ranjeet/Jk/LAK