M/S Himalaya Agro Chemicals Pri9vate Limited And ANR v. The State Of Bihar And ORS

Patna High Court CWJC No.16585 of 2015 (7) dt.08-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16585 of 2015 ======================================================

1. M/s Himalaya Agro Chemicals Private Limited , Unit-II, N.H.-31, Bypass Road, P.S. Sadar, District Purnea, through its Director, Kumar Krishna Prakash, son of Shri Onkar Mal Agrawal, resident of Unit-II, N.H.-31, Bypass Road, P.S. Sadar, District- Purnea.

2. Kumar Krishna Prakash, son of Shri Onkar Mal Agrawal, resident of Unit-II, N.H.-31, Bypass Road, P.S. Sadar, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Department of Industries, Government of Bihar, Vikas Bhawan, Patna.

3. The Commissioner of Commercial Taxes, Government of Bihar, Vikas Bhawan, Patna.

4. The Deputy Commissioner of Commercial Taxes, Purnea Circle, Purnea.

5. The Assistant Commissioner of Commercial Taxes-cum Certificate Officer, Purnea Circle, Purnea.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Samdarshi For the Respondent/s : Mr. Vikash Kumar AC to PAAG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 08-01-2016 Mr. Suraj Samdarshi, learned counsel for the petitioners submits that since the petitioners have filed a revision case No. C.C.(S) 169 of 2012-13 in the year 2012 before the Commissioner, Commercial Taxes against the order passed by the assessing authority, he does not wish to press the writ application and only seeks a direction upon the Commissioner to dispose of the

Patna High Court CWJC No.16585 of 2015 (7) dt.08-01-2016 Revision Application expeditiously.

In the aforesaid view of the matter, the writ application is disposed of with a direction to the respondent no.3, the Commissioner, Commercial Taxes to consider and dispose of the Revision Application of the petitioners in accordance with law within a period of two months from the date of receipt/production of a copy of this order.

Pending the decision of the Commissioner, no coercive step shall be taken against the petitioners in the certificate proceedings that are pending.

(Ramesh Kumar Datta, J) (Sudhir Singh, J) B.Kr./- U