M/S Garg Cattle Feed Industries v. State Of Punjab And ORS

 







IN THE HIGH COURT OF PUNJAB AND HARYANAAT

CHANDIGARH CWP-5541-2024 Date of decision: 18.04.2024 M/s Garg Cattle Feed Industries ....Petitioner versus State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE HARSH BUNGER Present:- Mr. Daman Dhir, Advocate for petitioner.

Mr. Saurabh Kapoor, Additional A.G., Punjab.

Mr. Sunish Bindlish, Senior Standing Counsel, with Mr. Vinay Kumar, Advocate, for respondent Nos.2 to 5.

***** SUDHIR SINGH , J. (ORAL) Petition herein is, inter alia, for issuance of a writ in the nature of Mandamus directing the respondents to refund the amount of Rs.73,59,650/- along with interest @ 13%, which was collected by the respondents from the petitioner as a tax liability on purchase of damaged food grains during the pendency of the writ petition i.e. CWP-17329-2008. 2.

Learned counsel for the petitioner submits that with regard to his grievance, the petitioner has already made a representation (Annexure P6) to respondent No.2-General Manager, Food Corporation of India, however, no final order has been passed thereon till date. AJAY PRASHER 2024.04.20 12:16 I attest to the accuracy and integrity of this document

 






3.

Learned counsel for respondent Nos. 2 to 5 submits that the said representation shall be considered and decided by the competent authority, in accordance with law.

4.

We have heard learned counsel for the parties and gone through the record.

5.

Considering the nature of relief being sought in the present writ petition as well as aforesaid submissions of learned counsel for both the parties, instant writ petition is disposed of with a direction to respondent No.2 to decide the aforesaid representation (Annexure P-6) by passing a final order, in accordance with law, within a period of 04 weeks from the date of receipt or production of certified copy of this order. 6.

Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (HARSH BUNGER) JUDGE 18.04.2024 Ajay Prasher Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY PRASHER 2024.04.20 12:16 I attest to the accuracy and integrity of this document