Muna Pani vs. State Of Odisha
Facts
The petitioner, Muna Pani, filed a writ petition before the High Court of Orissa at Cuttack. The case involves an interim protection order granted by the Court on February 1, 2021. The current order addresses an interlocutory application (I.A. No. 4744 of 2021). The Court is granting the petitioner a final opportunity to file a representation with the Executive Engineer (Opposite Party No. 3), not a tax authority. This representation must be filed by December 1, 2021. Failure to do so will result in the vacation of the interim protection previously granted. The time for the disposal of this representation has been extended to March 1, 2022.
Held
The Court held that the petitioner, Muna Pani, is granted a last opportunity to file a representation with the Executive Engineer (Opposite Party No. 3) on or before December 1, 2021. This is a procedural direction to allow the petitioner to present their case to the relevant executive authority. The Court reasoned that this step is necessary for the proper progression of the matter. Consequently, the interim protection previously granted by the Court on February 1, 2021, will stand vacated if the representation is not filed by the stipulated date. Furthermore, the time for the Executive Engineer to dispose of this representation is extended up to March 1, 2022. The Court disposed of the interlocutory application based on these directions.
Key Issues
1. Whether the petitioner should be granted a final opportunity to file a representation with the Executive Engineer (Opposite Party No. 3) concerning the matter under dispute, and if so, what should be the timeline for filing and disposal? The petitioner, through their counsel Mr. S.K. Rout, sought an extension of time to file a representation. The Court considered the need for the petitioner to approach the Executive Engineer, identified as Opposite Party No. 3, rather than a tax authority. The revenue or State, represented by Mr. S.S. Padhy (Addl. Standing Counsel - CT & GST) and Mr. P.K. Muduli (Addl. Government Advocate - State), did not explicitly argue against granting this opportunity but their presence indicates their involvement in the proceedings. The Court's order focuses on facilitating the filing and disposal of the representation within specified timelines.
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Cause title — parties, addresses and appearances
ORDER 12.11.2021
I.A. No.4744 of 2021 03. 1. Last opportunity is granted to the Applicant (Petitioner) to file a representation to the Executive Engineer (Opposite Party No.3) and not to the tax authority. It is made clear that if such representation is not made on or before 1st December, 2021 the interim protection granted by this Court by the order dated 1st February, 2021 will stand vacated.
The time for disposal of such representation stands correspondingly be extended up to 1st March, 2022. 3. The application is disposed of.
(Dr. S. Muralidhar) Chief Justice
(S. Pujahari)
The judgment continues below.
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