M/S.K.J.S.Ahluwalia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9084 of 2016 M/s. K.J.S. Ahluwalia ....

Petitioner Mr. P.K. Harichandan,, Advocate -versusState of Odisha & Others ....

Opposite Parties

CORAM:

THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER

23.11.2022 06.

I.A. No. 18134 of 2021

1. For the reasons stated therein, the application is allowed.

2. The I.A. is disposed of.

W.P.(C) No.9084 of 2016

3. Learned counsel for the Petitioner seeks leave to withdraw the present writ petition with liberty to challenge the impugned assessment order in accordance with law in an appeal as provided with the statute. If such appeal is filed not later than 2nd January, 2023 accompanied by an application for condonation of delay citing the pendency of the present writ petition as the reason for delay, it shall be considered on its merits by the Appellate Authority. The Court clarifies that it has not expressed any view in the matter. The

deposit made by the Petitioner pursuant to the order dated 21st March, 2017 of this Court can be utilised for the pre-deposit amount to be deposited for the entertainment of the appeal. In view thereof, no coercive steps will be taken against the Petitioner as long as the appeal is pending. The said deposit.

4. The writ petition is disposed of as withdrawn with liberty as prayed for in the above terms.

5. Original Annexures be returned subject to being substituted by attested photocopies thereof.

(Dr. S. Muralidhar) Chief Justice (M. S. Raman) Judge MRS/Laxmikant