Patna High CourtCWJC/4507/2016withdrawn

M/S Daya Engineering Works Pvt. Ltd. v. The State Of Bihar And ORS

2016-08-11Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4507 of 2016 ====================================================== M/s Daya Engineering Works Pvt. Ltd. through its Dy. General Manager, Mr. Praveen Kumar Mishra, son of Badrinath Mishra, aged 40 years, resident of Manpur, Gaya, Bihar; Post Office - Manpur, Police Station - Manpur; District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner Commercial Taxes, Bihar, Patna, Vikas Bhawan, Bailey Road, Patna.

2. The Joint Commissioner of Commercial Taxes, Appeal, Gaya Circle, Kachari Road, Gaya.

3. The Dy. Commissioner of Commercial Taxes, Gaya Circle, Kachari Road, Gaya.

4. The Assistant Commissioner of Commercial Taxes, Gaya Circle, Kachari Road, Gaya.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Advocate. Mr. Prakash Sahay, Advocate.

For the Respondent/s : Mr. A.K. Rastogi, A.A.G. 15 Mr. Rakesh Narayan Singh, A.C. to A.A.G. 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 11-08-2016 After arguing for some time, learned counsel for the petitioner wishes to withdraw the present writ application with liberty to challenge the order dated 17th of November, 2014 passed by the Joint Commissioner (Appeal), Commercial Taxes, Magadh Division, Gaya as per the remedy provided under the Bihar Value Added Tax Act, 2005.

In view of the request made, the writ application is dismissed as withdrawn with liberty aforesaid. However, the grant

Patna High Court CWJC No.4507 of 2016 (14) dt.11-08-2016 2/2 of liberty shall not be construed as any expression of the opinion on the merits of the controversy. As and when the petitioner avails the alternative remedy, the same shall be considered and decided in accordance with law.

(Hemant Gupta, J) (Ahsanuddin Amanullah, J) P.K.P.