Vijay Jaiswal vs. Superintendent Range 1 Shyambazar Division Kolkata GST Bhawan And Ors

Held

The Court considered the submission of the petitioner's counsel regarding the representation made on April 7, 2021. The Court directed respondent no. 2 to consider and dispose of the said representation in accordance with law. This disposal must be through a reasoned and speaking order, after providing an opportunity of hearing to the petitioner or their authorized representative. The decision is to be communicated to the petitioner one week after the disposal. The Court explicitly stated that it had not gone into the merits of the representation and that the respondent should consider it strictly in accordance with law. The writ petition was disposed of based on these directions.

Facts

The petitioner, Vijay Jaiswas, filed a writ petition before the High Court challenging an unspecified order or action by the revenue authorities. During the pendency of the writ petition, the petitioner submitted a representation on April 7, 2021, to the Principal Chief Commissioner, CGST (respondent no. 2), seeking redressal of their grievance. The petitioner's counsel prayed for a direction upon the respondents to dispose of this representation. The revenue authorities were represented by counsel.

Key Issues

1. Whether the Court should direct the respondent no. 2 to consider and dispose of the petitioner's representation dated April 7, 2021, in accordance with law? Petitioner's contention: The petitioner argued that a representation had been made for redressal of grievances and prayed for a direction to the respondents to dispose of the same. Revenue's contention: The judgment records no specific argument from the respondents regarding the disposal of the representation.