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Patna High CourtCWJC/19219/2015disposed

Satyam Trade Agency v. The State Of Bihar Through The Commissioner Of Commercial Taxes And ORS

2016-01-15Mr. Justice Ramesh Kumar Datta,Mr. Justice Sudhir Singh2 pages

Patna High Court CWJC No.19219 of 2015 (4) dt.15-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19219 of 2015 ====================================================== Satyam Trade Agency, a partnership firm having its office at 14/5 Sovaram Bysack Street, Kolkata - 7, P.O. + P.S. Burra Bazar, Kolkata - 7 through its authorizes signatory, Anil Kumar Mishra son of Sri Lalmani Mishra resident of 157, Rabindra Sarani, P.O. + P.S. Burra Bazar, Kolkata -7. .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner of Commercial Taxes, Bihar, Patna having its office at Vikash Bhawan, Bailey Road, Patna.

2. Commercial Taxes Officer, Integrated Check Post, Dobhi (Gaya). .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Manju Jha For the Respondent/s : Mr. Anil Kumar Sinha, G.A.9 Mr. Pawan Kumar, A.C. to G.A.9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 15-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

It appears from the counter affidavit filed on behalf of the State that various disputed issues of facts are involved in the present matter, which cannot be normally properly adjudicated in the writ jurisdiction.

The writ application is, accordingly, disposed of with liberty to the petitioner to challenge the order dated 05.12.2015 before the appropriate forum. In case any such application is filed before the competent authority along with an application for

Patna High Court CWJC No.19219 of 2015 (4) dt.15-01-2016 condoning the delay in filing the same, the authority shall consider the same on its own merit, keeping in view the fact that the petitioner has been pursuing its remedy before this Court. V.P.Sinha/- (Ramesh Kumar Datta, J) (Sudhir Singh, J) U