Union Of India Through The General Manager And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5612 of 2015 ======================================================

1. Union of India through the General Manager, East Central Railway, Hajipur, District - Vaishali (Bihar).

2. Senior Material Manager, Diesel, East Central Railway, Samastipur. .... .... Petitioner/s

Versus

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

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

3. Commercial Taxes Officer, Incharge of Integrated Check Post, Commercial Taxes Department, Karmnasha, Kaimur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Siddhartha Prasad For the Respondent/s : Mr. Praveen Kumar, AC to GP-27- ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 14-08-2015 It is pointed out by learned counsel for the respondents that the impugned order passed by the Commissioner, Commercial Taxes is amenable to statutory appeal before the Tribunal under the provisions of the Bihar VAT Act.

In the aforesaid circumstances, since the petitioners have alternative remedy under the Act, the writ application is disposed of with liberty to the petitioners pursue the aforesaid statutory remedy. In case any such appeal is filed by the petitioners within a period of four weeks along with an

Patna High Court CWJC No.5612 of 2015 (2) dt.14-08-2015 2/2 application for condonation of delay in filing the same then the same shall be considered by the Tribunal keeping in view the fact that the petitioners were pursuing their remedy before this Court. (Ramesh Kumar Datta, J) (Sudhir Singh, J) S.Pandey/- U