Premier Agencies v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15956 of 2019 ====================================================== Premier Agencies Having its office at House No. 11, S.B.I. Officers Colony, Shekhpura, Patna-800014 and its Branch Office at Shop No. 18, 5-8-532, Raghav Ratan Towers, Chiranali Lane Abids, Hyderabad-Andhara Pradesh500001. through its partner Govind Tiwary, S/o Late Vishunudas Tiwary, aged about 62 years (Male), Resident of 5-9-1121, Flat No. 307, King Koti, Agrawal Chambers, King Koti, Nampally, Hyderabad, Andhara Pradesh500001 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner of Commercial Taxes, Bihar, Patna 2.

The Commissioner of Commercial Taxes Bihar, Patna 3.

The Joint Commissioner of State Tax Patna Central Circle, Patna 4.

The Deputy Commissioner Commercial Taxes Patna Central Circle, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chiranjiva Ranjan, Advocate For the Respondent/s :

Mr.Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-12-2019 The petitioner, through the instant application has prayed for the following relief:

"For a direction to the respondent authorities to issue Form 'C' of Rs. 1,42,82,918/- and 'F' of Rs. 35,13,917/- applied under the provision of the Central Sales Tax (Bihar) Rules, 1957 on the website of the Bihar Commercial Taxes for the period 2015-16, which are pending for approval as its status shown in the Annexure-4&4/1 after generation of Dummy Form as annexed as Annexure-2&2/1."

From the response filed by the State, paragraphs 11 and 12 of which is reproduced as under:

"11. That the answering respondents humbly state

Patna High Court CWJC No.15956 of 2019(2) dt.16-12-2019 2/2 and submit that on 31.07.2019 the copy of the writ petition has been received by the answering respondents in which the copy of Form-C-11 was annexed and on the same day the answering respondents approved the application to issue the Form-F & C for the year 2015-16.

12. That the answering respondents humbly submit that on the facts stated herein above the grievance of the petitioner has been fulfilled. The delay caused in issuance of Forms is only due to nonfiling of TDS certificate and challans in support of the evidence of payment of tax."

we find the grievance of the petitioner to have been substantially met. As such, we dispose of this writ petition, reserving liberty to the petitioner to approach the respondents for redressal of his surviving grievances, if any.

Needless to add that if such request is made, the same shall be considered in accordance with law expeditiously positively within a period of six months.

The writ petition stands disposed of.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Spandey/Ravi/- U