M/S Mithila Engineers Private Limited v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11249 of 2019 ====================================================== M/s Mithila Engineers Private Limited, Road No. 1, Saidpur Extension Road, Rajendra Nagar, Patna- 80016 through it's Director, Mukesh Kumar Singh, Aged about 50 years, Male, S/o- Late Shreeram Prasad Singh, Resident ofRoad No. 13/b, Rajendra Nagar, Near Gurukul Coaching, Rajendra Nagar, Sampatchak, Patna, Bihar- 800016.

... ... Petitioner

Versus

1.

Union of India through The Commissioner of Central GST and Central Excise, Patna- I, 3rd Floor, Kendriya Rajaswa Bhawan (Annexe Building) Bir Chand Patel Path, Patna- 800001.

2.

The Additional/ Joint Commissioner, Office of the Commissioner of Central GST and Central Excise, Patna- I, 3rd Floor, Kendriya Rajaswa Bhawan (Annexe Building), Bir Chand Patel Path, Patna- 800001. 3.

The Deputy Commissioner of Central GST and Central Excise, Patna Central Division, Ground Floor, Chandpura Palace, Opposite Dadi Maa Temple, Bank Road, West Gandhi Maidan, Patna- 800001. 4.

The Superintendent, Central GST and Central Excise, Kadamkuan Range, Ground Floor, Chandpura Palace, Opposite Dadi Maa Temple, Bank Road, West Gandhi Maidan, Patna- 800001.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Pandey, Adv.

For the Respondent/s :

Mr.S.D. Sanjay, Addl. S.G.

Mr. Anshuman Singh, Sr.S.C.(Customs) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 05-08-2019 Heard Mr. Amit Pandey, learned counsel for the petitioner and Mr. S.D.Sanjay, learned Addl. Solicitor General. The lacuna in the show cause initially issued, stands noted in our order passed on 8.7.2019. A supplementary counter affidavit is filed today by the respondents enclosing a fresh show cause notice after removing the lacuna, a copy of which is

Patna High Court CWJC No.11249 of 2019(6) dt.05-08-2019 2/2 at Annexure-A to the supplementary counter affidavit and bearing note of which we are of the view that the petitioner needs to respond to the same by filing his reply before the authority concerned, raising all issues that he endeavours to raise before this Court in this writ petition as well as in the rejoinder to the counter affidavit within four weeks from today. It goes without saying that the issue so raised by the petitioner in his reply shall be considered and disposed of in accordance with law by the authority concerned obviously after opportunity of hearing to the petitioner.

The writ petition is disposed of with the observations and directions above.

(Jyoti Saran, J) ( Partha Sarthy, J) Surendra/- U