M/S Teknotuff Glass Private Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10358 of 2021 ====================================================== M/s Teknotuff Glass Private Limited A Company registered under Companies Act having its office at Flat No. 401, Satyam Block, Mansarovar Garden, Sinha Library road, Off Frazer Road, Patna 800001 through its authorized representative- Abhishek Kumar Shoundhik, Male aged about 34 years S/o Alok Kumar Shoundhik, R/o, Kamla Nivas, Road No. 3H, Shahid Bhagat Singh, Near Patli Gram Appartment, Gay Ghat, Dhanuki, P.S.- Alam Ganj, P.O.- Gulzar Bagh, District- Patna Pin- 800007. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary Department of Industry, Government of Bihar, Patna.

3.

Commissioner-cum- Secretary Department of State Taxes, Government of Bihar, Patna.

4.

Director Industries, Department of Industry, Government of Bihar, Patna. 5.

The Director (Technical Development) Department of Industry, Government of Bihar.

6.

The General Manager District Industries Centre, Hajipur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brisketu Sharan Pandey, Advocate For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-01-2022 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :-

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4/6 It is brought to our notice that the decision rendered by a coordinate Bench of this Court in CWJC No.

5/6 12104 of 2018, titled as M/s Sunny Star Hotels Private Limited has attained finality, inasmuch as, the Special Leave Petition preferred by the State stands dismissed by Hon'ble the Apex Court vide order dated 17.01.2020 passed in SLP Civil No. 43744 of 2021.

Parties agree that the petition can be disposed of on the following terms.

Shri Mrigank Mauli, learned counsel for the petitioner, states that certain amount already stands paid to the petitioner.

As such, petitioner shall be content if the petition is disposed of with liberty granted to the petitioner to approach the authority concerned by filing a representation within a period of four weeks, with a direction to the authority concerned to consider and decide the same within a period of four weeks from the date of its presentation.

Prayer allowed.

Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.

Needless to say that while considering such request, principles of natural justice shall be followed and due

6/6 opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms.

Interlocutory application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/K.C.

AFR/NAFR CAV DATE Uploading Date 14.01.2022 Transmission Date