M/S. Orissa Stevedores LTD. vs. Deputy Commissioner, CT And GST, Territorial Range, Cuttack
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Cause title — parties, addresses and appearances
ORDER 06.02.2024
Order No.
This matter is taken up by hybrid mode.
Heard.
The petitioner has filed this application for recalling of the order dated 25.01.2024 passed by the Deputy Registrar, by which W.P.(C) No. 42375 of 2023 has been dismissed for non- compliance of the peremptory order passed by this Court on 17.01.2024, and further seeks to restore W.P.(C) No. 42375 of 2023 to its original number.
Ms. Kajal Sahoo, learned counsel for the petitioner contended that this Court vide order dated 17.01.2024, directed the petitioner to serve copy of the writ petition on learned Standing Counsel for the Revenue by 18.01.2024, failing which the writ petition would be dismissed without further reference to the Bench. It is contended that though copy of the writ petition was served on learned Standing Counsel for the Revenue on 18.01.2024, such fact was not brought to the notice of the Deputy Registrar. Therefore, as per the peremptory order passed by this Court, the writ petition has been dismissed.
Mr. Sunil Mishra, learned Standing Counsel appearing for the Revenue contended that he has received copy of the writ petition on 18.01.2024 and, as such, the order of this Court has already been complied with.
Having heard learned counsel for the parties and after going through the records, this Court finds that the order of this Court dated 17.01.2024 was complied with by serving copy of the writ petition on learned Standing Counsel for the Revenue on 18.01.2024, but such fact was not brought to the notice of the Deputy Registrar. Therefore, the order dated 25.01.2024 has been passed in compliance of the order dated 17.01.2024. Since the order of this Court has already been complied with by serving copy of the writ petition on 18.01.2024, as admitted by Mr. Sunil Mishra, learned Standing Counsel appearing for the Revenue, the order dated 25.01.2024 passed by the Deputy Registrar is hereby recalled. Consequentially, W.P.(C) No. 42375 of 2023 is restored to its original number.
Accordingly, the CMAPL stands allowed.
Ashok
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
(M.S. RAMAN)
JUDGE
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.