Phooltas Transrail Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19214 of 2021 ====================================================== Phooltas Transrail Ltd., a registered company having its registered office at Layak enclave, Sahay Nagar, Phulwarisharif, Patna- 801506 through its authorised representative namely Nitesh Kumar, male, aged about 39 years son of Nawal Kishore Mondal Resident of Mirjanhat Chowk, Shivpuri Colony, Ishakchak, Jagdishpuri, Bhagalpur- 812001. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary cum Commissioner, Department of Commercial Taxes, Government of Bihar, Patna. 2.

The Principal Secretary cum Commissioner, Department of State Taxes, Government of Bihar, Patna.

3.

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

For the Petitioner/s :

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

Mr. Vikash Kumar, SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 29-11-2021 Petitioner has prayed for the following relief(s):

2/4 After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned to consider and decide the representation (Annexure8 of the writ petition) which is pending before the appropriate authority for redressal of the grievance(s). Learned counsel for the respondents states that if any such representation is pending, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four weeks from the date of production of a copy of this order.

3/4 Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach the authority concerned along with a copy of this order for redressal of the grievance(s); (b) The authority concerned shall consider and dispose of representation of the petitioner, which is pending before him, expeditiously by a reasoned and speaking order preferably within a period of four weeks from the date of production of a copy of this order;

(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (f) Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and

4/4 subsequent cause of action;

(g) We have not expressed any opinion on merits of the matter. All issues are left open;

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Rajiv AFR/NAFR CAV DATE Uploading Date 01.12.2021 Transmission Date