Rohit Auto And Farm Equipments Pvt. Ltd. v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10263 of 2018 =========================================================== Rohit Auto And Farm Equipments Pvt. Ltd. having it's registered office at Ward No. 33, Purab Bazar Tiwari Tola, Saharsa- 852201 through it's authorized signtory Ashok Kumar Mishra, Son of Late Amiri Lal Mishra, resident of Bank Colony, Lakhi Mansion Apartment Block A/ 103, Patna- 800001. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary-cum-Commissioner of Commercial Taxes, Bihar Patna having it's office at Vikas Bhawan, Patna.

2. The Deputy Commissioner of Commercial Taxes, Saharsa Circle, Saharsa. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate For the Respondent/s : Mr. Vikash Kumar -SC11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 26-06-2018 Grievance of the petitioner in this writ petition is that in the Form-C certificate issued to the petitioner under the Central Sales Tax Act even though the document sought for was for sale and delivery of the consignment entrusted covering four States, namely Karnataka, Haryana, Rajasthan, and West Bengal, in the certificate issued ,only the State of Rajasthan was mentioned and the names of other three States which were left out due to typographical mistake. Seeking correction of the Form-C certificate issued for the financial year in question, various communications were made by

Patna High Court CWJC No.10263 of 2018 dt.26-06-2018 2/2 the petitioner and in spite of inter departmental communication as a final decision has not been taken for correcting or rectifying the certificate issued, this writ petition.

Keeping in view the fact that the prayer made by the petitioner for rectification of the certificate has not been finally decided by the statutory authority, for the present, without entering into the controversy on merit and without expressing any opinion on the contentions made by the petitioner, we deem it appropriate to direct respondent No.1, the statutory authority authorized under law to correct the error in the certificate issued, to look into the grievance of the petitioner, if required, hear him, evaluate the record and take a final decision in the matter within a period of one month from the date of receipt/production of a copy of this order. With the aforesaid, this application is disposed of. (Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) K.C.jha/-N.H.

AFR/NAFR NAFR CAV DATE N/A Uploading Date29-06-2018 Transmission Date N/A