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2025 DAILYLAW 40676 (ALL)

M/S RIDING HOUSE SADDLERS POINT v. UNION OF INDIA AND ANOTHER

WRIC/11230/2025 · 2025-05-21

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87204-DB Court No. - 40 Case :- WRIT - C No. - 11230 of 2025 Petitioner :- M/S Riding House Saddlers Point Respondent :- Union Of India And Another Counsel for Petitioner :- Ravi Prakash Chaurasiya Counsel for Respondent :- A.S.G.I.,Sanjay Kumar Om Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri Ravi Prakash Chaurasiya, learned counsel appearing on behalf of the petitioner and Sri Sanjay Kumar Om, learned counsel appearing on behalf of the respondent nos.1 and 2. 2. Learned counsel appearing on behalf of the petitioner submits that this matter is covered by the judgement dated May 15, 2025 passed by coordinate Bench of this Court in Writ 34544 of 2023 (Smt. Vinita Bahuguna vs. Union of India And 2 Others [Neutral Citation No. - 2025:AHC:79707-DB]) and several other connected petitions wherein following order was passed:- "90. We also find force in the submissions made on behalf of petitioners that the concept of occupancy charges is alien to the Cantonment Code and the CLA Rules. Under Rule 39 of the CLA Rules, 1937, at best, a temporary licence can be granted which may extend to one year. Not only does the communication dated 10.03.2017 talk of extension of the lease, the same also does not provide a fixed time frame for formulation of a final policy. In any case, the same has been in operation for more than 07 years already. The occupation of the petitioners beyond the time frame of the lease cannot, under the circumstances, be said to be a deemed licence, either. 91. Additionally, since we have also observed that the STR rates determined at Allahabad and Kanpur were determined by a Committee in which the Defence Estates Officer did not participate but only a representative had participated, and, the Defence Estates Officer, being a necessary member of such Committee, the determination of STR rates for Allahabad and Kanpur cantonments have been done by an incompetent Committee and therefore, are set aside. Once the determination of STR rates for Allahabad and Kanpur have been set aside, the demand raised on their basis are also unsustainable. 92. In view of the forgoing discussion, we allow this bunch of writ petitions and quash the various demand notices, which are impugned therein. Clause B(a)(iii) of the letter dated 10.03.2017, is also struck down as being arbitrary." 3. In light of the above judgement, he submits that this writ petition should be allowed. 4. Learned counsel appearing on behalf of respondent nos.1 and 2 consensus to the same. 5. Accordingly, the demand notice dated March 5, 2025 is quashed and set aside. Order Date :- 22.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad