C.D. Distributors v. State Of Bihar And ANR

Patna High Court CWJC No.9044 of 2015 (9) dt.26-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9044 of 2015 ====================================================== C.D. Distributors, a proprietory concern having its office at Kanti Factory More, Kankarbagh Main Road, P.O. Bahadurpur, P.S. Agam Kuan, District - Patna through its proprietor, Saurabh Agarwal Son of Shri Deokinandan Agarwal resident of Charminar Apartment, Flat No. A/103, Rajendra Nagar, Road No. 12, P.O. Rajendra Nagar, P.S. Kadamkuan, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through Commissioner of Commercial Taxes, Bihar having its office at Vikas Bhawan, Bailey Road, Patna.

2. Assistant Commissioner of Commercial Taxes, Kadamkuan Circle, Patna.

.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.11009 of 2015 ====================================================== Sai Baba Distributors .... .... Petitioner/s

Versus

The State of Bihar & Anr .... .... Respondent/s ====================================================== Appearance :

(In CWJC No.9044 of 2015) For the Petitioner/s : Mr. D.V.Pathy For the Respondent/s : Mr. Vikash Kumar, A.C. to PAAG (In CWJC No.11009 of 2015) For the Petitioner/s : Mr. D.V.Pathy For the Respondent/s : Mrs. Archana Sinha, A.C. to G.A.8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 26-11-2015 Considering the several issues that are involved in the present matters in view of the stand taken in the counter affidavit, we are of the view that the petitioners should move before the appropriate authorities for availing of the statutory remedies.

Patna High Court CWJC No.9044 of 2015 (9) dt.26-11-2015 The writ applications are, accordingly, disposed of with liberty to the petitioners to avail of the statutory remedies. In case the petitioners approach the statutory authorities within a period of four weeks from today then the statutory authorities shall consider the case of the petitioners in accordance with law. Since upon hearing we had, at the outset, passed an interim order protecting the petitioners, it is directed that if the petitioners also file stay applications before the authorities concerned then until the decision on the stay applications, no coercive action shall be taken against the petitioners. V.P.Sinha/- (Ramesh Kumar Datta, J) (Sudhir Singh, J) U