M/S Raymond Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 19614 of 2016 ====================================================== M/s Raymond Ltd. A registered Company under the Companies Act 1956 having its Office at P.O. - Jekegram, District - Thane Maharastra, represented through its authorized signatory at Patna namely, Santosh Kumar Assistant Manager, son of Sri Karoo Sao, Raymond Tailoring Workshop, M.I.P. Amahara Road (Bihta) near Hero Cycle Factory, District - Patna. ... ... Petitioner

Versus

1.

The State of Bihar, through the Commissioner of Commercial Taxes, Patna Vikash Bhawan, Bailey Road, Patna.

2.

The Deputy Commissioner, Commercial Taxes, Integrated Check Post, Karmnasha, Bhabhua.

3.

The Assistant Commissioner, Commercial Taxes, Integrated Check Post, Karmnasha, Kaimur.

4.

The Commercial Taxes Officer, Integrated Check Post, Karmanasha, Kaimur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Thakur Mr. Arynendra Kumar Thakur Ms. Sukriti Kumari For the Respondent/s :

Mr. Vivek Prasad-GP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 3.

22-10-2019 Heard Sri Abhay Kumar Thakur, learned counsel for the petitioner and Sri Vivek Prasad, learned Govt. Pleader - 7. After some argument and after being asked as to whether against the impugned order, is there any statutory remedy, learned counsel for the petitioner accepts that there is statutory remedy, however; he submits that order was passed long back.

Patna High Court CWJC No.19614 of 2016(3) dt.22-10-2019 2/2 Accordingly, if there is statutory remedy available to the petitioner and it is not a case of irreparable loss or damage, in such situation, the writ jurisdiction may not be invoked. After some argument, learned counsel for the petitioner requests for disposal of the present writ petition so that for the relief sought for in the present writ petition, the petitioner may avail appropriate remedy.

The prayer is allowed.

The writ petition stands disposed of with liberty to avail appropriate remedy.

It goes without saying that the period consumed by the petitioner in pursuing the present writ petition i.e. from 07-12-2016 till date shall be excluded while considering the limitation matter.

(Rakesh Kumar, J.) ( Anjani Kumar Sharan, J.) anay U