Food Corporation Of India v. The State Of Bihar And ORS

Patna High Court CWJC No.10371 of 2016 (2) dt.30-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10371 of 2016 ====================================================== Food Corporation of India a Government of India undertaking having its Regional Office at Arunachal Bhawan, Exhibition Road, Patna through its Assistant General Manager(Taxation) Shri Ashutosh Dwivedi aged about 42 years, son of late Shri B.N.Dwivedi, resident of A-402, Harihar Apartment, Magistrate Colony, Ashiana Nagar, District-Patna .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary-cum-Commissioner, Department of Commercial Taxes, Government of Bihar, Patna

2. The Principal Secretary-cum-Commissioner, Department of Commercial Taxes, Government of Bihar, Patna

3. The Joint Commissioner of Commercial Taxes (Appeals), Central Division, Patna

4. The Deputy Commissioner of Commercial Taxes, Patliputra Circle, Patna

5. The Assistant Commissioner of Commercial Taxes, Patliputra Circle, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kejriwal, Advocate For the Respondent/s : Mr. Vikash Kumar, AC to PAAG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 30-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The impugned order dated 14.5.2016 is amenable to statutory appeal before the Tribunal.

The writ application is dismissed on the ground of availability of alternative statutory remedy to the petitioner. It shall be open to the petitioner to avail of said statutory remedy.

(Ramesh Kumar Datta, J) (Sudhir Singh, J) spal/- U