M/S Bhaggi Sah Ram Kishun Ram v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22846 of 2012 ======================================================
1. M/s Bhaggi Sah Ram Kishun Ram, a Registered Firm through its Proprietor Akash Gupta S/O Late Chandra Gupta R/O Mauna Chak(Sahab Ganj), P.S.-Sadar (Town), Distt-Saran Chapra
2. Shashi Gupta wife of Late Chandra Gupta, R/O Mauna Chak(Sahab Ganj), P.S.-Sadar (Town), Distt-Saran Chapra
3. Abhishek Gupta, son of Late Chandra Gupta, R/O Mauna Chak(Sahab Ganj), P.S.-Sadar (Town), Distt-Saran Chapra .... .... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Old Secretariat, Patna, Bihar
2. The Commissioner of Commercial Taxes, Government Of Bihar, Patna
3. The Senior Joint Commissioner Of Commercial Taxes , Saran
4. The Joint Commissioner Of Commercial Taxes, Saran (Chapra)
5. The Deputy Commissioner Of Commercial Taxes, Saran (Chapra)
6. The Assistant Commissioner Of Commercial Taxes, Saran(Chapra)
7. The Commercial Tax Officer, Saran(Chapra)
8. The Assistant Commercial Tax Officer, Saran (Chapra)
9. Ranjeet Kumar @ Ranjeet Sah S/O Late Deodutt Prasad Gupta R/O Mauna Chak(Sahabganj), P.S.-Sadar Town, Distt-Saran Chapra .... .... Respondent/s ====================================================== Appearance:
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-02-2016 After a series of orders being passed that finally a show cause has been filed through the Deputy Commissioner, Commercial Taxes, the respondent no., 5 herein as well as a counter affidavit has been filed by the Assistant Commissioner, Commercial Taxes.
A bare perusal of the statement made in paragraph-5 of the counter affidavit filed by the Assistant Commissioner and
Patna High Court CWJC No.22846 of 2012 (5) dt.16-02-2016 paragraph-7 and 8 of the show cause filed by the Deputy Commissioner, Commercial Taxes would manifest that the respondent no. 9 has since surrendered the registration certificate and process has been initiated for its cancellation by the Department.
In view of the statement made on oath by the Assistant Commissioner, Commercial Taxes and the Deputy Commissioner, Commercial Taxes in their respective affidavits and considering that the Department was not a party to the suit as well that necessary steps have been taken by the Department for cancellation of the registration of the respondent no. 9 which is the cause of grievance to the petitioner, nothing further survives in the present proceeding which is accordingly disposed of with a direction to the Department to conclude the exercise expeditiously. (Jyoti Saran, J) S.Sb/- U