M/S Sreeram Santosh Kumar v. Union Of India & ORS

31.8.2021 ks WPA 4042 of 2020 sl. 137 M/s. Sreeram Santosh Kumar Vs Union of India & Ors.

Mr. Rituraj Chakraborty ... For the Petitioner.

Mr. Rajashree Venknt Kundalia, Mr. Tapan Bhanja ... For the CGST Authority.

Heard learned Advocates appearing for the parties. The petitioner has filed this writ petition being aggrieved by the inaction on the part of the Joint Commissioner of CGST & CX, being the respondent No.3 and sitting over its representation against the grievance raised in the said representation and not disposing of the said representation till date though more than two years have been passed. I failed to understand that more than two years have taken and the Officer concerned is having no time to dispose of the aforesaid representation. I am not talking about the merits of the said representation, respondents are free to consider or reject the said representation on merits but being a statutory authority how can it sit over the aforesaid representation of the petitioner and not disposing of the same and creating a situation burdening the High Court with litigation and after the respondents are directed by the High Court, only then they will dispose of the said representation. This

attitude of the respondents are not appreciated. Had they timely considered and disposed of the representation by passing a reasoned order, there would not have been any scope to the litigant to come to the Court.

The respondents are directed to consider and dispose of the aforesaid representation of the petitioner dated 26th December, 2019 being Annexure P-4 to the writ petition within four weeks from the date of communication of this order by passing a reasoned and speaking order in accordance with law.

It is recorded that this Court has not gone into the merits of the aforesaid representation and the respondents shall act strictly in accordance with law while disposing of the aforesaid representation. WPA 4042 of 2020 stands disposed of.

( Md. Nizamuddin, J. )