Hiten Dhirajlal Sheth vs. State Of Maharashtra And Anr
Original PDF →Facts
The Petitioner, Hiten Dhirajlal Sheth, filed a Writ Petition before the Bombay High Court challenging an unspecified order or action by the State of Maharashtra and its authorities. The matter was listed for hearing on May 3, 2023. The Respondent-State, through its counsel and a present Deputy Commissioner, SGST Legal, made a statement to the Court. This statement indicated that a necessary decision, as contemplated in a previous order dated February 17, 2023, would be taken within three working days. The Petitioner's counsel requested the petition be kept pending for monitoring compliance.
Held
The Court accepted the statement made by the learned counsel for the Respondent-State. It was held that the necessary decision, as contemplated in the order dated February 17, 2023, would be taken within three working days. The Court did not deem it necessary to keep the Writ Petition pending for monitoring compliance, as the officer present in court had understood the directive to pass the order within the stipulated timeframe. The Court accepted this assurance and disposed of the Writ Petition accordingly.
Key Issues
1. Whether the Respondent-State will comply with the order dated February 17, 2023, by taking the necessary decision within three working days, as stated by their counsel. Petitioner's Contention: The Petitioner sought to keep the Writ Petition pending for monitoring the compliance of the order. Respondent-State's Contention: The Respondent-State, on instructions from the Deputy Commissioner, SGST Legal, stated that the necessary decision would be taken within three working days. The State did not explicitly argue any point but made a statement regarding future action.
AI-generated summary — verify with the full judgment below
WP 5799-23.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURI ICTION WRIT PETITION NO. 5799 OF 2023 Hiten Dhirajlal Sheth
… … Respondents Mr. Brijesh Pathak for Petitioner. Ms. Shruti D. Vyas, 'B' Panel Counsel for Respondent-State. Ms. Rajratna Kurane, Dy. Commissioner, SGST Legal, Mumbai. CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ. DATE : 3 MAY 2023 P.C. : . Learned Counsel for the Respondent-State, on instructions of Ms. Rajratna Kurane, Deputy Commissioner, SGST, Legal, who is present in the Court, states that necessary decision as contemplated in the order dated 17 February 2023 will be taken within three working days.
Accepting the statement, the Writ Petition is accordingly disposed of.
Learned Counsel for the Petitioner states that the Petition be kept pending for monitoring compliance of the order. We do not deem it necessary as we have dictated this order in presence of the officer who has understood the same that the officer has to pass the order within three working days. (ABHAY AHUJA, J.) (NITIN JAMDAR, J.) Nikita Gadgil 1 of 1 NIKITA YOGESH GADGIL NIKITA YOGESH GADGIL Date: 2023.05.03 19:07:49 +0530
Reproduced from the public record of the Bombay High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.