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Calcutta High CourtWPA/12950/2024disposed

Vedic Tracom Private Limited v. The State Of West Bengal And ORS.

2024-05-09Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD-24 Ct No.09 09.05.2024 TN WPA No. 12950 of 2024 Vedic Tracom Private Limited Vs.

The State of West Bengal and others Mr. Sashwat Naik, Mr. Sandeep Joshi, Mr. Kajal Kr. Dutta .... for the petitioner Mr. Anirban Roy, Mr. Tanoy Chakraborty, Mr. Debraj Sahu .... for the State

1. Affidavit-of-service filed today be kept on record.

2. Learned counsel for the petitioner contends that the petitioner is entitled to refund of stamp duty which has allegedly been paid doubly by the petitioner for the selfsame documents between the same parties.

3. Learned counsel for the respondent-authorities takes an objection and contends that there was an impoundment of the document for which the claim of the petitioner is unjustified. However, it transpires that the petitioner has made representations, including one annexed at page-125 of the writ petition, on which the petitioner relies, which have not yet been dealt with by the respondent-authorities.

4. Hence, instead of prematurely going into the issues involved, WPA No. 12950 of 2024 is disposed of by directing the respondent-authorities to dispose of the representations of the petitioner annexed to the writ

petition as well as considering the allegations made in the writ petition itself as further representations of the petitioner, upon giving opportunity of hearing to the petitioner, within six weeks from date.

5. Immediately thereafter, the respondent-authorities shall intimate the petitioner the outcome of such consideration by way of a reasoned order to the petitioner.

6. It is made clear that in the event the petitioner is dissatisfied with such outcome, it will be open to the petitioner to challenge the same by way of an independent writ petition.

7. There will be no order as to costs.

8. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)