Gopal Rathi v. Assistant Commissioner,State Tax,Cooch Behar Charge And ORS

18.04.2022.

SB Ct. No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 1229 of 2021 Gopal Rathi -versus Assistant Commissioner, State Tax, Cooch Behar Charge & Ors.

Ms. Esha Acharya ...For the Petitioner.

Mr. Ratan Banik ...For the Respondent No. 4 Mr. Subir Kumar Saha Mr. Bikramaditya Ghosh ... For the State Affidavit-in-opposition filed on behalf of the respondent no. 4 is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The matter has become infructuous to the extent that the blocking done at the GST Portal has been removed. However, the vires of a provision of the Act has also been challenged in this writ petition. The petitioner would not like to press this application, but would like to file an application on the self-same grounds after incorporating appropriate facts.

On the prayer of the learned counsel for the petitioner, the writ petition is dismissed as not pressed.

However, the petitioner shall be at liberty to file an appropriate application on the self same grounds. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

(Jay Sengupta, J.)