M/S Ashesh Kumar Behuria v. The Commissioner, Ct And Gst, Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27178 of 2022 M/s. Ashesh Kumar Behuria ....

Petitioner Ms. K.R. Choudhury, Advocate -versusThe Commissioner, CT & GST, Odisha and another ....

Opposite Parties Mr. Sunil Mishra, A.S.C.

CORAM:

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

ORDER

31.10.2022 02.

1.The additional affidavit filed by the Petitioner is taken on record.

2. It is now confirmed that the order has been uploaded on the portal. In that view of the matter, it is directed that the Petitioner is permitted to withdraw the present petition with liberty to challenge the adjudication order by way of a statutory appeal.

3. If such appeal is filed not later than 3rd November 2022, accompanied by an application for condonation of delay citing the pendency of the present petition as the reason for the delay, then it will be considered in accordance with law by the appellate authority. The Court clarifies that it has not expressed any view in the matter.

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 The writ petition is disposed of as withdrawn with liberty as prayed for in the above terms.

5. Issue urgent certified copy of this order as per rules. (Dr. S. Muralidhar) Chief Justice (M.S. Raman) Judge S.K. Guin