M/S. Roadwings International Private Limited vs. Union Of INDIA And Ors.
Facts
M/s. Roadwings International Private Limited, the petitioner, filed a writ petition before the Calcutta High Court. The petitioner's grievance stems from a representation dated December 27, 2022, which they had submitted to the respondent authorities. The details of this representation, outlining their specific grievances, are annexed to the writ petition. The petitioner sought a direction from the Court for the concerned respondent authority to consider and dispose of this representation. The respondents, Union of India and the CGST Authority, were represented before the Court.
Held
The Court considered the facts and circumstances of the case and the submissions made by the parties. The Court held that the petitioner's representation dated December 27, 2022, needs to be considered and disposed of by the concerned respondent authority. The Court directed the respondent authority/Adjudicating Authority to consider and dispose of the said representation in accordance with law. This disposal must be through a reasoned and speaking order, and it must include an opportunity of hearing for the petitioner or their authorized representative. The Court set a timeline of eight weeks from the date of communication of the order for this disposal. The petitioner was directed to serve a copy of the writ petition and the Court's order upon the adjudicating authority.
Key Issues
1. Whether the Court should direct the respondent authority to consider and dispose of the petitioner's representation dated December 27, 2022? Petitioner's contention: The petitioner argued that their representation, raising certain grievances, requires consideration and disposal by the concerned authority. They sought a judicial directive to ensure this process occurs. Revenue/State's contention: The judgment records no specific argument from the Union of India or the CGST Authority regarding the petitioner's representation. However, their presence and participation in the proceedings imply an acknowledgment of the matter before the Court.
AI-generated summary — verify with the full judgment below
OD –25 ORDER SHEET WPO/469/2023 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURI ICTION ORIGINAL SIDE M/S. ROADWINGS INTERNATIONAL PRIVATE LIMITED VS UNION OF INDIA AND ORS. BEFORE: The Hon'ble JUSTICE MD. NIZAMUDDIN Date: 14th March, 2023. Appearance: Mr. Akash Dutta, Adv.
Mr. Aditya Dutta, Adv. …For the Petitioner Mr. Sujit Mitra, Adv. …For Union of India Mr. U.S. Bhattacharya, Adv.
Mr. Aishwarya Rajyashree, Adv. …For the CGST Authority The Court: Heard learned counsel appearing for the parties.
Petitioner has filed this writ petition making an innocuous prayer for direction upon the respondent Authority concerned for disposal of its representation dated 27th December, 2022 being annexure P-3 to the writ petition raising certain grievance details of which would appear from the said representation.
Considering the facts and circumstances of this case and submissions of the parties, this writ petition being WPO 469 of 2023 is disposed of by directing the respondent Authority concerned/Adjudicating Authority to consider and dispose of the aforesaid representation dated 27th December, 2022 in accordance with law and by passing a reasoned and speaking order aft
The judgment continues below.
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