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Calcutta High CourtWPA/16117/2023disposed

Mohammed Faiyaz Ahmed v. Deputy Commissioner Of State Tax, Howrah And Kadmtala Charge And ORS.

2023-07-20Hon'Ble Justice Md. Nizamuddin2 pages

WPA 16117 Of 2023 20.07.2023 Sl no. 12 Mohammed Faiyaz Ahmed Ct no. 2 - Vs - P.M.

Deputy Commissioner of State Tax, Howrah and Kadamtala Charge & Ors.

Mr. Akshat Agarwal ... for the petitioner Mr. Anirban Ray, Ld. Govt. Pleader Md. T.M. Siddiqui, Mr. T. Chakraborty ... for the State.

Heard learned advocate appearing for the parties.

By this writ petition, petitioner has challenged the impugned order dated 14th March, 2022 on the ground that the aforesaid impugned order contains anomaly and is self contradictory since in the very same order the respondent authority concerned has in one part recorded the refund has been allowed and in the other part it has recorded that the claim of refund has been rejected.

Mr. Siddiqui, learned Additional Government Pleader fairly submits that the respondent authority may be directed to issue fresh notice in accordance with law.

Considering the submission of the parties the aforesaid impugned order dated 14th March, 2022 is set aside by directing the respondent authority concerned to pass a fresh order in accordance with law within a period of four weeks from the date of communication of this order.

With this observation and direction this writ petition being WPA 16117 of 2023 stands disposed of.

(Md. Nizamuddin, J.)