M/S.Vishal Lpg Industries v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 26222 of 2020 M/s. Vishal LPG Industries .....

Petitioner Mr. S.K. Routray, Advocate Vs.

State of Odisha and others .....

Opposite parties Mr.T. Patnaik, ASC Mr. D.R. Bhokta, CGC

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

12.05.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. S.K. Routray, learned counsel appearing on behalf of Mr. Manas Mohapatra, learned Senior Advocate for the petitioner, Mr. T. Patnaik, learned Additional Standing Counsel for the State and Mr. D.R. Bhokta, learned Central Government Counsel for opposite party no.8.

3.

The petitioner has filed this writ petition seeking to quash the letter dated 31.03.2020 and 05.05.2020 issued by opposite party no.8 and all consequential demand made therein. The petitioner further seeks to quash the demand letter dated 08.04.2020 issued by opposite party no.4 and also to quash the show cause notice dated 14.08.2020, and to protect the petitioner from making payment of demand made by the authorities. 4.

Mr. S.K Routray, learned counsel for the petitioner contended that since the demand has been raised from the petitioner and consequentially notice of show cause was issued,

against that order, he approached this Court. 5.

Mr. T. Patnaik, learned Additional Standing Counsel contended that against the notice to show cause, writ petition is not maintainable and as such, the writ petition is liable to be dismissed.

6.

Having heard learned counsel for the parties and after going through the records, it appears that against the notice to show cause dated 14.08.2020, the present writ petition has been filed and as such the same is not maintainable. However, the petitioner is permitted to file his reply to the show cause notice dated 14.08.2020 within a period of fifteen days hence. In case such reply is filed, the same shall be considered in accordance with law after giving opportunity of hearing to the petitioner. It is made clear that this Court has not expressed any opinion what so ever with regard to any of the contentions raised before it by any of the parties and reserves their right to raise all such contentions at appropriate stage.

7.

The writ petition is accordingly disposed of. Arun/ Puspa (DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE