Fastrack Communication Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14534 of 2017 ====================================================== Fastrack Communication Pvt. Ltd., a Company incorporated under the Companies Act, 1956 having its office at House No. 1, Saraswati Niwas, Dr. Ram Govind Singh Path, District-Patna behind Punch Shiv Mandir through its Director Yogesh Kumar Chugh, S/o Shri Deena Nath Singh, Resident of H.No. 355, Sector- 21D, Fairdabad, Haryana.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Commissioner of Commercial Taxes having its office at Vikash Bhawan Bailey Road, Patna. 2.

The Commercial Taxes Tribunal through its Secretary having its office at Kautilya Bhawan, Antaghat, 3.

The Commercial Taxes Officer, Gandhi Maidan, Circle, Patna. 4.

The Joint Commissioner of Commercial Taxes Appeals Patna East and West Division, Patna.

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

For the Petitioner/s :

For the Respondent/s :

Mr.Vikash Kumar, SC 11.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-12-2020 Petitioner has prayed for the following relief(s): "(i) For a direction to the Respondents, particularly the Joint Commissioner of Commercial Taxes (Appeal), Patna East & West Division, Patna to dispose expeditiously the order of the Hon'ble Patna High Court dated 11.05.2016 passed in CWJC No. 5850 of 2016 with CWJC No. 6041 of 2016 within a certain stipulated time frame, whereby the petitioners are found entitled to the tax refund deposited by them along with a clear cut direction to the Respondent to proceed further in accordance with law without any

Patna High Court CWJC No.14534 of 2017(7) dt.09-12-2020 2/2 further delay.

(ii) For any other other relief(s) for which the Petitioner may be found entitled to in the facts and circumstances of the present case."

Indisputably, none had appeared on behalf of the petitioner on 25.06.2018 when the matter was listed first before the Court.

Shri Vikash Kumar, learned S.C.-11, states that the present petition has become infructuous inasmuch as the appeal, pending before the appellate authority, stands considered in terms of the prayer made by the petitioner.

Statement accepted and taken on record.

As such, we dispose of the present petition reserving liberty to the petitioner to take recourse to such remedy as are otherwise available in accordance with law.

Interlocutory application, if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) sujit/- U