Saumya Ranjan Lenka vs. State Of Orissa

WP(C)/11364/2020HC OrissaGSTCNR ODHC01024462202020 November 2020Bench: DR. JUSTICE B.R.SARANGI1 pages
AI SummaryRemanded

Held

The Court noted the submission made by the learned counsel for the petitioner that the petitioner may be permitted to withdraw the writ petition with liberty to approach the appropriate forum in accordance with law. In view of this submission, the Court disposed of the writ petition as withdrawn, granting the petitioner the liberty to pursue their remedies before the appropriate forum. The specific question of whether the PIO's order was appealable was not definitively decided by the Court, as the matter was resolved based on the petitioner's request for withdrawal. No specific amount in dispute was recorded.

Facts

The petitioner filed a writ petition before the High Court challenging an order dated 20.12.2018, issued by the PIO-cum-Addl. CT & GST Office, Puri Circle, Puri. The petitioner sought to quash this order. During the hearing, the Additional Government Advocate for the revenue contended that the order passed by the Public Information Officer (PIO) denying information was appealable. The petitioner's counsel then submitted that the petitioner be permitted to withdraw the writ petition and approach the appropriate forum as per law.

Key Issues

1. Whether the order dated 20.12.2018 passed by the PIO-cum-Addl. CT & GST Office, Puri Circle, Puri, denying information to the petitioner, is appealable under the relevant provisions of law? The petitioner argued that they sought to quash the order of the PIO. The revenue, represented by the learned Addl. Government Advocate, contended that the order passed by the PIO in not granting the information sought by the petitioner is an appealable one, implying that the writ petition was not the appropriate remedy.

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02.

20.11.2020 The matter is taken up through video conferencing. Heard Mr. R.N. Rout, learned counsel for the petitioner and Mr. A.K. Mishra, learned Addl. Government Advocate. The petitioner has filed this writ petition to quash the order dated 20.12.2018 under Annexure-5 issued by the PIO-cum-Addl. CT & GST Office, Puri Circle, Puri. Mr. A.K. Mishra, learned Addl. Government Advocate contended that the order passed by the PIO in not granting the information sought by the petitioner is appealable one. In course of hearing, learned counsel for the petitioner states that the petitioner may be permitted to withdraw the writ petition with liberty to approach the appropriate forum in accordance with law. In view of above submission, the writ petition stands disposed of as withdrawn with the liberty aforesaid.

Ashok …………….…………… (DR. B.R. SARANGI)

JUDGE

W.P.(C) No. 11364 of 2020

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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.