Golaka Bihari Pattnaik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 36492 of 2021 Golaka Bihari Pattnaik ....

Petitioner Mr. L. Kanungo, Advocate -versusState of Orissa & Others ....

Opposite Parties Mr. L. Samantaray, AGA

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN Order No.

ORDER (Oral) 15.03.2022 03.

1.

This matter is taken up by virtual/physical mode. 2.

The Petitioner, who was an exclusive privilege holder of Ranpur country spirit shop has prayed for quashing of the demand notice dated 17th August, 2021 issued by the Superintendent of Excise, District Excise Office, Nayagarh towards short realization of Excise Duty on unlifted quantity of country spirit for the license year 201516. 3.

It was claimed that the demanded duty to the tune of Rs.4,94,850/- already stands deposited by the Petitioner. However, the notice has still been erroneously issued.

4.

Mr. L. Samantaray, Additional Govt. Advocate upon cross checking with the Office of the District Excise, Nayagarh concedes that the demanded amount as aforesaid stood deposited by the Petitioner. He further states that vide Memo No. 268 dated 15th March, 2022, the demand notice issued on 17th August, 2021 stands withdrawn. Hence, the present writ petition has become infructuous. P.T.O.

// 2 // 5.

Accordingly, the writ petition stands dismissed as infructuous. (Jaswant Singh) Judge (M.S. Raman) Judge Laxmikant March 15th , 2022 Cuttack