Pratap Chandra Parida vs. State Of Odisha

WP(C)/2062/2021HC OrissaGSTCNR ODHC01004023202107 June 2021Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE B. P. ROUTRAY1 pages
AI SummaryRemanded

Facts

The petitioner, Pratap Chandra Parida, filed a writ petition before the High Court of Orissa at Cuttack. The petition is connected to and has common issues with W.P.(C) No.14924 of 2020. The Court noted that due to continuing COVID-19 restrictions, parties could use a printout of the order from the High Court's website as a certified copy, subject to attestation by the advocate. The present writ petition was disposed of in terms of the judgment rendered in W.P.(C) No.14924 of 2020 on the same date.

Held

The Court held that since the issues in W.P.(C) No.2062 of 2021 were connected and common to W.P.(C) No.14924 of 2020, the writ petition should be disposed of in terms of the judgment rendered in W.P.(C) No.14924 of 2020 on 7th June, 2021. The reasoning is based on judicial efficiency and consistency when dealing with identical or closely related matters. The operative direction is to dispose of the present writ petition in accordance with the judgment of the connected case. No specific findings on GST provisions were recorded in this order, as it deferred to the decision in the other writ petition.

Key Issues

1. Whether the present writ petition, W.P.(C) No.2062 of 2021, should be disposed of in terms of the judgment rendered in W.P.(C) No.14924 of 2020, given that the issues are connected and common. The petitioner's argument would be that if the issues are indeed common and connected, then a consistent approach should be adopted. The revenue's argument would likely be to accept the Court's direction for disposal in terms of the connected matter. No specific provisions of the GST Act or Rules were explicitly discussed in relation to the issues presented in this particular order, as it refers to a prior judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2062 of 2021 Pratap Chandra Parida …. Petitioner Ms.Kananbala Roy Choudhury, Advocate -versus- State of Odisha and others …. Opp. Parties Mr.P.K.Muduli, AGA Mr.Sunil Mishra, ASC, CT & GST CORAM: THE CHIEF JUSTICE JUSTICE B. P. ROUTRAY

ORDER Order No. 7th June, 2021

5.

Since the issues here are connected and common to W.P.(C) No.14924 of 2020, the writ petition is disposed of in terms of the judgment dated 7th June, 2021 rendered in W.P.(C) No.14924 of 2020. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021. (B.P.Routray)

J

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