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Patna High CourtCWJC/7103/2018disposed

Patliputra Tobacco Company v. The State Of Bihar And ORS

2018-04-13Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7103 of 2018 ====================================================== Patliputra Tobacco Company a proprietorship firm having it's place of business at Dumri Khothi Ashok Raj Path, Opposite B.N. College Patna - 800001 through it's proprietor namely Shree Prakash Singh son of Late Rameshwar Singh resident of 24, Charkothia House, New Dak Bunglow Road, Patna - 800001.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary cum Commissioner, Department of Commercial Taxes, New Secretariat, Bailey Road, Patna.

2. The Principal Secretary cum Commissioner, Department of Commercial Taxes, New Secretariat, Bailey Road, Patna.

3. The Deputy Commissioner of Commercial Taxes, North Circle, Commercial Taxes Patna Division, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gautam Kumar Kejriwal, Advocate Mr. Mohit Agrawal, Advocate For the Respondent/s :

Mr. Vikash Kumar-SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-04-2018 Keeping in view the facts and circumstances of the case, particularly the fact that the Revision Petition filed by the petitioner is pending consideration before Commissioner of Commercial Taxes Respondent No. 2 and it is directed to be listed for final hearing sometimes in May, for the present, taking note of these factors and the fact that about 42 per cent of the demand has already been paid by the petitioner, it is directed that on the petitioner filing a certified copy of this order

Patna High Court CWJC No.7103 of 2018 dt.13-04-2018 2/2 Respondent No. 2 shall either take up the revision for hearing and decided it finally or consider the stay application filed and pass appropriate orders on the same after hearing the petitioner and taking note of the facts of the case. Till orders are not passed, as indicated hereinabove, bank account of the petitioner i.e. of the firm and the savings bank account of the proprietor shall be released and coercive steps kept in abeyance till orders are not passed by Respondent No. 2.

With the aforesaid, the writ application stands disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 18.04.2018 Transmission Date