[Cites 3, Cited by 0]
Jharkhand High Court
Sushant Kumar vs Steel Authority Of India Limited on 12 February, 2026
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.883 of 2026
Sushant Kumar ...... Petitioner
Versus
Steel Authority of India Limited, through its Chairman,
Lodhi Road, New Delhi & Ors. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Rahul Lamba, Advocate
Mr. Anish Kamal, Advocate
Mr. Aditya M. Khandelwal, Advocate
For the Resp.-SAIL : Mr. Shresth Gautam, Advocate
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th
02/Dated: 12 February, 2026
1. The present writ petition has been filed for the
following reliefs :-
"(a) for the issuance of an appropriate writ or
writ in the nature of Certiorari for quashing the
letter, dated 13.01.2026 and bearing reference
No.TA/LRA/2026/218, issued by Respondent SAIL to
the Petitioner (Annexure-10) whereby the
Respondents have held the business of Service
Centre, being run by the Petitioner, as restricted
trade and had directed to cancel the lease of the plot
of land being Plot No. KD-22 in City Centre, Sector 4,
Bokaro Steel City ("Concerned Plot"), which is
running in favour of the Petitioner, if the alleged
restricted trade is not regularised by the Petitioner,
by fulfilling the requirements and formalities of the
Respondents and payment of the requisite fees,
within 1 month of the said letter.
(b) For the issuance of an appropriate writ or
writ in the nature of Certiorari for quashing the
letter, dated 07.11.2025 and bearing reference no.
TA/LRA/2025/5860, issued by Respondent the SAIL
to the Petitioner (Annexure - 9) whereby the
Respondents have held the business of Service
Centre, being run by the Petitioner, as restricted
trade and have directed the Petitioner to comply with
a policy of the Respondent, allegedly made by
Respondents for regularisation of restricted trade,
and to make the payment of the requisite fees to the
Respondents.
(c) For the issuance of an appropriate order
calling upon the Respondents to bring on record, in
the present case, the policy for regularisation of
restricted trade, as framed by the Respondents and
referred to in the Notice at Annexure - 4 to this
Petition, ("said policy") and for issuance of an
appropriate writ or writ in the nature of Certiorari
for quashing the said policy as the same is arbitrary,
without any authority of law and in violation of the
fundamental rights, including but not limited to
Article 14, 19 (1) (g) and 21, provided in the
Constitution of India;
(d) For the issuance of an appropriate writ or
order declaring that the said policy for
implementation of the change of trade to restricted
trade, as framed by the Respondents, is not binding
on the Petitioner."
2. Reference has been made to the lease agreement,
especially the Clause -15, which reads as under:-
"15. THAT the lessee will use and occupy the demised
land and the messuage and building erected or to be
erected thereon as aforesaid or permit the same to be
used or occupied as dwelling house, office or shop or for
any other lawful purpose without causing any
obstructions, annoyance or nuisance to the lessor, or the
nearby residents. The lessee shall not make any
permanent structures so as to cause any hindrance or
obstruction to the public/ pedestrian. The lessee shall see
that the public area/pedestrian areas such as
verandahs/connecting links/pavements, etc. are kept free
of any hindrance so as to allow free flow of the pedestrian
movement/users, etc. which shall not be obstructed in any
way.
The lessee will not assign, transfer, sublet or
underlet or part with the possession of the demised land
or the buildings erected or to be erected thereon without
the prior written consent and permission of the lessor.
Notwithstanding the covenant above if the lessee is
unable to run the business he may inform the lessor of his
inability to run the business and lessor may in its sole
discretion either take over the premises for leasing it out
to a fresh lessee or make such arrangements as the lessor
may deem fit and proper on such terms and conditions as
the lessor may think fit. The lessor will not be called upon
to assign any reason for making fresh allotment or such
arrangement and the decision of the lessor in this regard
would be final and binding on the lessee. The lessor in the
event of breach on the part of the lessee in observance of
the aforesaid covenants, shall have the right to re-entry
on the demised land and or the building erected thereon.
PROVIDED always that the lessee may mortgage the
premises to a recognised registered financial institution
with the prior permission of the lessor in writing. In such
event a tripartite agreement shall be executed amongst
the lessor, lessee and the proposed mortgagee before
such mortgage is created."
3. It has been submitted that now for the change of the
business, a huge amount are being asked which is contrary to
the terms and conditions of the lease.
4. Learned counsel for the respondents seeks adjournment
for filing response.
5. As prayed for, put up this case on 26.02.2026.
6. During pendency of the writ petition, respondents will
not proceed in furtherance to Annexure-10.
(Rajesh Kumar, J.)
12th February, 2026
Ravi-Chandan/-
