M/S. Indian Oil Corporation LTD. Mumbai vs. Union Of INDIA
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Cause title — parties, addresses and appearances
ORDER 12.04.2024
Order No.
This matter is taken up by hybrid mode.
Heard learned counsel for the parties.
The petitioner has filed this writ petition with the following prayer:
“In view of the above, it is most humbly prayed that this Honourable Court may graciously be pleased to:- a. Issue writ of and/or order and/or direction in the nature of certiorari or any other appropriate writ quashing, deleting and/or setting aside the impugned letter reference no. C.No. IV(10)793/ SVLDRS/ IOCL/ BBSR/ 2023/ 21779A dated 10.11.2023, issued by Ld. Additional Commissioner (Technical), GST and Central Excise, Bhubaneswar Commissionerate;
b. Issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other Writ/s, Order/s and/or Direction/s under Article-226 of the Constitution of India holding that the impugned letter reference no. C. No. IV (10) 793/ SVLDRS/ IOCL/ BBSR/ 2023/ 21779A dated 10.11.2023, issued by Ld. Additional Commissioner (Technical), GST and Central Excise, Bhubaneswar Commissionerate amounts to review of its own order by the authority which is not permissible and hence, without juri iction and thus, liable to be quashed;
c. Issue a writ of and/or order and/or direction in the nature of writ of mandamus or any other appropriate writ, directing the Respondents to issue discharge certificate in form SVLDRS-4 in respect of operation of the impugned letter reference no. C. No. IV(10)793/ SVLDRS/ IOCL/ BBSR/ 2023/ 21779A dated 10.11.2023, issued by Ld. Additional Commissioner (Technical), GST and Central Excise, Bhubaneswar Commissionerate on such terms as this Honourable Court may deed fit and proper;
f. Ad-interim order in terms of prayers above;
g. Such further or other order or orders be passed and/or direction or directions be given as to which this Hon’ble Court may deem fit and proper.”
In course of hearing, learned counsel appearing for the petitioner states that the petitioner has already made representation before Opposite Party No.3 vide Annexure-8, and the same may be directed to be disposed of within a stipulated time, to which learned Counsel for the Opposite Party Nos.2 and 3 has no objection.
As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.3 to consider and dispose of the representation filed by the petitioner vide Annexure-8 and pass appropriate order as early as possible within a period of three months from the date of production of certified copy of this order.
(DR. B.R. SARANGI) JUDGE
(G. SATAPATHY)
JUDGE Subhasmita
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