M/S Rajshree Energy vs. The Union Of INDIA

CWJC/8177/2024HC PatnaGSTCNR BRHC01044338202415 May 2024Bench: MR. JUSTICE HARISH KUMAR,THE CHIEF JUSTICE-2 pages

AI SummaryDismissed

Facts

The petitioner, M/s Rajshree Energy, a partnership firm engaged in the business of purchasing and supplying coal, filed a writ petition before the Patna High Court. The petitioner claimed to have personal information and experience regarding the illegal transportation of coal into Bihar from Assam/Meghalaya, allegedly through West Bengal, in a fraudulent manner. The petition sought to direct an inquiry and strict action against the perpetrators of this alleged illegal activity. The respondents included the Union of India, the State of Bihar, and various departments and officials, including the Director CBI.

Held

The High Court held that the writ petition was grossly misconceived. The Court found no reason to entertain the petition as the averments made by the petitioner were vague and lacked relevant material, evidence, or essential pleading to persuade the Court to exercise its extraordinary jurisdiction under Article 226 of the Constitution. The petitioner's reliance on personal information and experience in the trade was deemed insufficient to warrant judicial intervention. Consequently, the Court dismissed the writ petition.

Key Issues

1. Whether the writ petition, filed by M/s Rajshree Energy, is maintainable and warrants invocation of the extraordinary jurisdiction under Article 226 of the Constitution of India, given the nature of the averments made. Petitioner's Argument: The petitioner, relying on personal information and trade experience, sought to initiate an inquiry and strict action against those involved in the alleged illegal transportation of coal into Bihar. Revenue/State's Argument: The judgment does not record any specific arguments made by the revenue or state respondents. However, the Court's observation indicates a lack of persuasive material from the petitioner's side.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8177 of 2024 ====================================================== M/s Rajshree Energy a Partnership Firm having its Registered office at P-11, CIT, Scheme-L, New Howrah Bridge Approach Road, 3rd Floor, Room No. 3, District Kolkata (West Bengal) through one of its Authorized Signatory namely Sujit Biswas, Male, aged about 35 years, son of Sri Satya Ranjan Biswas, resident of 398, Vivekananda Road Baidyabati (M), P.S. Sheoraphuli, District Hooghly, West Bengal-71223. ... ... Petitioner/s Versus 1. The Union of India through the Secretary, Department of Revenue, Ministry of Finance, North Block, New Delhi. 2. The Secretary, Department of Revenue, Ministry of Finance, North Block, New Delhi. 3. The State of Bihar through the Chief Secretary, Government of Bihar, Main Secretariat, Patna. 4. The Commissioner cum Secretary, Department of State Taxes, Vikash Bhawan, Bailey Road, Patna. 5. The Additional Chief Secretary cum Mines Commissioner, Department of Mines and Geology, Government of Bihar, Vikash Bhawan, Bailey Road, Patna. 6. The Director CBI, CBI Head Office, Plot No. 5-B, CGO Complex, Lodhi Road, New Delhi. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Singh, Sr. Advocate Mr. Lokesh Kumar, Advocate For CBI : Mrs. Nivedita Nirvikar, Sr. Advocate For the Respondent/s : Dr. K. N. Singh, ASG Mr. Anshuman Singh, Sr. SC, CGST & CX Mr. Devansh Shankar Singh, Advocate Mr. Shivaditya Dhari Sinha, Advocate For Mining : Mr. Naresh Dixit, Advocate Mrs. Kalpana, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-05-2024 On a reading of the averments in the writ petition, we are of the opinion that it is grossly misconceived. The Patna High Court CWJC No.8177 of 2024 dt.15-05-2024 2/2 petitioner, who claims to be a partnership firm engaged in the business of purchase/import of coal and its supplies to the brick- klins in different States, including Bihar desires to take up cudgels against illegal transportation of coal into the State of Bihar through the State of West Bengal from the State of Assam/Meghalaya in a fraudulent manner. The petitioner only relies on his personal information and experience in the trade to direct an inquiry and strict action to be taken against the perpetrators. The averments in the writ petition are so vague and lacks in any relevant material or evidence or essential pleading to persuade us to invoke the extra ordinary juri iction under Article 226. 2. We find absolutely no reason to entertain the writ petition and dismiss the same.

sharun/- (K. Vinod Chandran, CJ) ( Harish Kumar, J) AFR/NAFR CAV DATE Uploading Date 17.05.2024 Transmission Date

Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.