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Patna High CourtMJC/1115/2020allowed

Sapta Panchait Kirshk Sewa Swablambi Sahkari Samiti Limited, v. The Union Of India

2022-03-09The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1115 of 2020 In Civil Writ Jurisdiction Case No.3665 of 2020 ====================================================== Sapta Panchait Kirshk Sewa Swablambi Sahkari Samiti Limited, a Cooperative Society, having its office at Village Laheriyaganj P.O. and P.S. Madhubani, District Madhubani, through its Secretary Ranjeet Kumar, aged about 35 years (Male), Son of Late Gokul Prasad Sah, resident of, Village Ward No. 1, Laheriyaganj, P.O. and P.S. Madhubani, District Madhubani. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Department of Revenue, Ministry of Revenue, North Block, New Delhi - 110001.

2.

The Commissioner, Office of the Income Tax Commissioner, Income Tax Office, Bela Kothi, Bela Industrial Estate, Ramkrishna Ashram Road, Muzzaffarpur - 842005.

3.

The Income Tax Officer, Ward 3(5), Office of the Income Tax Officer, Income Tax Department, Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Samdarshi, Advocate For the Opposite Party/s :

Dr. K.N. Singh, ASG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-03-2022 Present application has been filed seeking modification of the order dated 16.10.2020 passed in CWJC No. 3665 of 2020, titled as Sapta Panchait Kirshk Sewa Swablambi Sahkari Samiti LimitedVs. The Union of India & Ors.

Learned counsel for the petitioner submits that vide order dated 16.10.2020, petitioner was granted liberty to file

Patna High Court MJC No.1115 of 2020(3) dt.09-03-2022 2/2 statutory appeal within a period of four weeks from the date of the order, but the statutory appeal could not be filed on account of petitioner's advocate suffering from illness. As such, he prays for extension of time for filing appeal before the appropriate authority.

Considering the facts and circumstances, present application stands allowed. Further four weeks' time is granted to the petitioner to file appeal before the appropriate authority. Order dated 16.10.2020 is modified to that extent only.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit U