Raj Kumar vs. State Of Punjab And Others

CWP/4473/2023HC Punjab and HaryanaGSTCNR PHHC01028130202303 March 2023Bench: MS. JUSTICE RITU BAHRI,MRS. JUSTICE MANISHA BATRA1 pages
AI SummaryRemanded

Facts

The petitioner, Raj Kumar, filed a writ petition seeking to quash an order dated 30.01.20213. The respondents, State of Punjab and others, informed the Court that a subsequent order dated 30.12.2022, in the form of GST FORM MOV-11, had been passed. This order is appealable. The subsequent order imposed a fine of Rs. 88,191/-. The petitioner stated readiness to pay the fine, referencing a previous judgment of the High Court dated 15.02.2022. The Court considered the previous judgment and the petitioner's willingness to deposit the fine.

Held

The Court did not quash the initial order dated 30.01.20213. Instead, it acknowledged the subsequent order dated 30.12.2022, which imposed a fine of Rs. 88,191/-. The Court noted the petitioner's willingness to pay this fine, citing a previous judgment of the High Court dated 15.02.2022. The Court's decision was to dispose of the petition by directing the respondents to release the petitioner's vehicle, subject to the deposit of the fine. The petitioner was also directed to accompany the owner of the vehicle. The Court did not explicitly discuss the merits of the fine or the grounds for its imposition, relying on the petitioner's submission and the prior judgment.

Key Issues

1. Whether the impugned order dated 30.01.20213 is liable to be quashed. The petitioner sought to quash this order. The respondents indicated that a subsequent, appealable order dated 30.12.2022 had been passed, imposing a fine. The petitioner's counsel stated readiness to pay the fine in light of a prior judgment of the High Court. The Court did not explicitly frame these as distinct legal questions but addressed the operative effect of the subsequent order and the petitioner's submission regarding the fine.

Sections Cited

GST FORM MOV-11

AI-generated summary — verify with the full judgment below

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-4473-2023 (O&M)

Date of Decision:-03.03.2023

Raj Kumar

….Petitioner

Vs.

State of Punjab and ors.

….Respondents

CORAM:- HON’BLE MS. JUSTICE RITU BAHRI

HON’BLE MRS. JUSTICE MANISHA BATRA

Present:- Mr. Bhuwan Vats, Advocate for the petitioner

Ritu Bahri, J. (Oral)

The present petition is for issuance of writ in the nature of certiorari for quashing the impugned order 30.01.20213 (P-6)

Issue notice of motion.

Mr. Alankar Narula, AAG, Punjab, accepts notice on behalf of respondent-State.

Learned State counsel on instructions has informed the Court that vide order dated 30.12.2022, order/GST FORM MOV-11 has been passed, which is an appealable order and the petitioner can take his appropriate remedy in accordance with law. The copy of order dated 30.12.2022 has been handed over to learned counsel for the petitioner. As per this order, fine of Rs.88,191/- has been imposed.

Learned counsel for the petitioner states that the petitioner is ready to pay the fine, in view of judgment dated 15.02.

The judgment continues below.

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