2025:JHHC:21186 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1993 of 2025 ----- Aqwa World, a partnership firm, having office at HI-101, Harmu Housing Colony, P.O. Harmu, P.S. Argora, District Ranchi, through its partner Pratul Shah Deo, son of Late Shri LPN Shah Deo, resident of HI-101, Harmu Housing Colony, P.O. Harmu, P.S. Argora, District Ranchi. .......... Petitioner. -Versus- 1. The State of Jharkhand through its Secretary, Department of Agriculture, Animal Husbandry and Co-operative, Government of Jharkhand, Nepal House, Doranda, Ranchi. 2. Director, Fisheries, Department of Agriculture, Animal Husbandry and Co-operative, Government of Jharkhand, Nepal House, Doranda, Ranchi. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Kumar Vaibhav, Advocate For the State : Mr. Mohan Kr. Dubey, AC to AG ----- Order No.03 Date: 31.07.2025 1. The present writ petition has been filed for quashing the letter dated 7th January, 2025 (Annexure-6 to the writ petition) issued by the respondent no.2, whereby the petitioner’s application for reconsideration of its earlier decision, turning down the request of the petitioner for exemption of lease rent for the period of Covid-19 pandemic during which “Ranchi Machchli Ghar” was non-operational due to lockdown, has been rejected. Further prayer has been made for quashing letter no.1543 dated 8th September, 2023 (Annexure-4 to the writ petition), whereby the respondent no.2 has turned down the petitioner’s request for exemption of lease rent for the period of Covid-19 pandemic. The petitioner has also prayed for exemption from payment of lease rent for the said period, as “Ranchi Machchli Ghar” had suffered loss of business due to lockdown. 2025:JHHC:21186 2 2. Learned counsel for the petitioner submits that the petitioner is a partnership firm and vide indenture of lease dated 18th October, 2019, the respondent no.2 granted lease of “Ranchi Machchli Ghar” in favour of the petitioner for the period from 14th October, 2019 to 13th October, 2029 on payment of yearly rent. 3. It is further submitted that operation of “Ranchi Machchli Ghar” was badly affected due to lockdown during Covid-19 pandemic period i.e. for the period from 17th March, 2020 to 28th February, 2021, 5th April, 2021 to 30th June, 2021 and 4th January, 2022 to 25th February, 2022; in total 16 months. It is also submitted that on account of Covid-19 pandemic, various departments of the State Government have granted waiver/exemption from payment of lease rent, licence fees etc. despite there being no provision in the contract entered between the parties. 4. It is also submitted that since the petitioner’s business was adversely affected during the said period, it requested the respondent no.2 for waiver/exemption of lease rent for the aforesaid period, which was turned down vide impugned letter no.1543 dated 8th September, 2023. Subsequently, the petitioner’s application for reconsideration of the said decision was again rejected vide impugned letter dated 7th January, 2025. 5. It is contended by the counsel for the petitioner that the aforesaid impugned letters suffer from non-application of mind, as it has not been considered as to whether the petitioner actually suffered loss of business during the said period, rather the petitioner’s request for 2025:JHHC:21186 3 waiver/exemption of lease rent for the said period has been rejected only on the ground that no such clause exists in the lease deed. 6. A counter affidavit has been filed on behalf of the respondents, stating, inter alia, that lease deed dated 18th October, 2019 does not contain any such clause for waiver/exemption of lease rent for Covid- 19 pandemic period. Hence, the said request made by the petitioner has rightly been turned down. 7. Heard learned counsel for the parties and perused the materials available on record. 8. On perusal of the impugned letter dated 8th September, 2023 issued by the respondent no.2, it appears that the only ground for turning down the petitioner’s request for waiver/exemption of lease rent for the aforesaid period during which it suffered loss of business is that there is no such clause of waiver/exemption in the lease deed dated 18th October, 2019. On similar ground, the petitioner’s application for reconsideration of the said decision has been rejected vide letter dated 7th January, 2025. 9. Both the aforesaid letters would indicate non-application of mind by the respondent no.2. Admittedly, the lease deed was executed between the petitioner and the respondent no.2 on 18th October, 2019 i.e. prior to Covid-19 pandemic. Hence, at the time of execution of the lease deed, it could not even been imagined that such a situation would be faced in future and hence there was no occasion for any such clause to be inserted in the lease deed. 10. The petitioner had not entered into the contract with a private individual, rather with the State authority. It is a trite law that the 2025:JHHC:21186 4 State and its authorities within the meaning of Article 12 of the Constitution of India are entrusted with a duty to act fairly and reasonably. The State acting whether as a landlord or a tenant is required to act bonafide and not arbitrarily, when the same is likely to prejudicially affect the right of others. The term of the lease must be interpreted under the scanner of Article 14 of the Constitution of India. 11. In the counter affidavit filed on behalf of the respondents, it has not been denied that the petitioner did not suffer loss of business due to Covid-19 pandemic. It has also not been denied that different departments of the Government have issued various circulars/ notifications granting exemption from payment of lease rent, licence fees etc. to different entities due to loss of business during Covid-19 pandemic period. Hence, the aforesaid letters dated 8th September, 2023 and 7th January, 2025 issued by the respondent no.2 cannot be sustained in law and the same are hereby quashed. 12. The matter is remanded to Respondent No.2 to reconsider the petitioner’s request for waiver/exemption from payment of lease rent during the aforesaid period, which shall be considered by the respondent no.2 after providing an opportunity of hearing to the petitioner’s representative, keeping in view its claim of loss of business during the said period. The said decision shall be taken positively within four weeks from the date of receipt/production of a copy of this order. 13. The writ petition is, accordingly, allowed. (Rajesh Shankar, J.) Sanjay/