Ram Lal Khetan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7425 of 2023 ====================================================== Ram Lal Khetan Son of Late Moti Lall Khetan Director Ms Hi-Tech Plastic, a Unit of M/S Patna Rolling Mills Ltd, Khaitan Super Market, 127 Fourth Floor, Birla Mandir Road, P.S. and P.O.-Pirbahor. Dist. Patna-800004. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Government of Bihar, Old Secretariat, Patna-800001.

2.

The Additional Chief Secretary, Department of Industries, Government of Bihar, Vikas Bhawan Patna,-800001.

3.

The Principal Secretary, Department of Finance, Government of Bihar, Old Secretariat, Patna-800001.

4.

The Secretary-Cum Commissioner, State Tax and Commercial Taxes Department, Government of Bihar, Vikas Bhawan, Patna-800001. 5.

The Secretary, Department of Industries, Government of Bihar, Vikas Bhawan, Patna.

6.

The Director of Industries, Department of Industries, Government of Bihar, Vikas Bhawan, Patna. 800001.

7.

The Director Technical Development department of Industries, Government of Bihar, Vikas Bhawan, Patna.

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

For the Petitioner/s :

Mr. Prakash Sahay, Advocate For the Respondent/s :

Mr. Abbas Haider ( SC-6 ) Mr. Klasi Mohammad, AC to SC-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-09-2023 The petitioner is seeking reimbursement of SGST being 80% of the tax paid amount, as per the industrial policy of the State. Annexure-5 is the representation filed for the aforesaid refund. Learned Government Advocate submits that as of now there is no rejection as such and Annexure-5 has to be

Patna High Court CWJC No.7425 of 2023(5) dt.15-09-2023 2/2 considered by the competent authority.

2. In such circumstances, the 6th respondent before whom, representation has been filed shall dispose of the matter with a speaking order within a period of 3 weeks. The petitioner shall appear before the 6th respondent on the 3rd of October, 2023, on which date or any other date fixed by the competent authority hearing shall be conducted, with the petitioner allowed to file any material documents necessary for such consideration.

3. We make it clear that we have not made any observation on the merits of the matter which shall be decided by the competent authority in accordance with law. (K. Vinod Chandran, CJ) ( Partha Sarthy, J) sharun/- U