Shambhu Shankar Thakur v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20863 of 2018 ====================================================== Shambhu Shankar Thakur Son of Shri Parmanand Thakur, Resident of 15, B.S.I.D.C. Colony, Boring Road, P.S.- Shri Krishnapuri, Patna- 800013. ... ... Petitioner/s

Versus

1.

The Union Of India through the Cabinet Secretary, Government of India, North Block, New Delhi-110001 2.

The Goods and Service Tax Council through its Ex-officio Secretary, GST Council Secretariat, 5th Floor, Tower-II, Jeevan Bharti Building, Janpath Road, Connaught Place, New Delhi-110001.

3.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna- 800015 ... ... Respondent/s ====================================================== Appearance :

Petitioner/s :

Mr.Shambhu Shankar Thakur (In Person ) For the Respondent/s :

Mr.Vikash Kumar- SC 11 For Union of India Mr. S.D. Sanjay, Addl.S.G. Mr. Rajesh Kumar Verma, A.S.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 26.10.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s: "For issuance of a writ of mandamus or any other appropriate writ/order/direction commanding the Respondents to forthwith recommend the date to the Union and the States on which the Goods and Service Tax, hereinafter referred to as "GST", be levied on petroleum crude, high speed diesel, motor spirit (petrol), natural gas and aviation turbine fuel, hereinafter jointly referred to as "Petroleum Products"."

Patna High Court CWJC No.20863 of 2018(2) dt.06-01-2020 2/2 After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U