M/S K. M. Sugar Mills Limited v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11004 of 2016 =========================================================== M/s K. M. Sugar Mills Limited, a company incorporated under the provisions of the Companies Act, 1956 having its registered office at 11, Moti Bhawan, Collectorganj, Kanpur (U.P.) and factory at Motinagar, Faizabad, U.P. through its Manager Raj Kishor Shukla, son of Sri Badri Vishal Shukla, resident of Motinagar, P.O.Motinagar, P.S. Puraka lander/ District Faizabad, U.P.) .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise & Prohibition Department, Government of Bihar, Patna.
2. The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.
3. The Excise Commissioner, Bihar, Patna.
4. The Collector, East Champaran, Motihari.
5. The Superintendent of Excise, Motihari.
6. The Special Superintendent of Excise, Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Satyabir Bharti, Advocate Ms. Aparna Arun, Advocate Mr. Alok Chandra, Advocate For the Respondent/s : Mr. Lalit Kishore- PAAG-1 Mr. Anshuman Singh, AC to PAAG-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 09-01-2017 Heard learned counsel for the petitioner and the learned Principal Additional Advocate General No.1 representing the State.
2. Taking into consideration a communication dated 01.12.2016, which has been issued under the signature of the Excise Commissioner, Government of Bihar in relation to the present writ
Patna High Court CWJC No.11004 of 2016 dt.09-01-2017 2/2 application by virtue of which the impugned order contained in Annexure-7 has been kept in abeyance coupled with the fact that the matter is now pending adjudication before the Board of Revenue, no purpose will be served by keeping the present writ application pending any further.
3. The writ application stands disposed of with an observation that Annexure-7 will not be enforced against the petitioner till the adjudication is made by the Board of Revenue.
4. The order dated 01.12.2016 of the Excise Commissioner is placed on record.
(Ajay Kumar Tripathi, J.) (Nilu Agrawal, J.) Arjun/ S. Kumar AFR/NAFR NAFR CAV DATE NA Uploading Date 10.01.2017 Transmission Date NA