Manish Mishra vs. State Of Chhattisgarh
Facts
The petitioner, Manish Mishra, a Deputy Commissioner (State Tax), filed a writ petition challenging an order dated 08.10.2021 passed by respondent No. 1 (State of Chhattisgarh through the Secretary, Department of Commercial Tax). This order rejected a representation submitted by the petitioner. Subsequent to filing the petition, the petitioner submitted a further representation. The State sought an opinion from the Chhattisgarh Public Service Commission, which has since provided its opinion. The matter is now pending with the State for a final decision. The Court directed the State to take a final decision within eight weeks of receiving a copy of the order and disposed of the writ petition with liberty to the petitioner to pursue further legal recourse if dissatisfied.
Held
The Court acknowledged that the petitioner had filed a representation, which was initially rejected by the order dated 08.10.2021. Following the filing of the writ petition, the petitioner submitted a further representation. The State, in turn, sought and obtained an opinion from the Chhattisgarh Public Service Commission. The Court noted that the matter was pending with the State for a final decision. Consequently, the Court directed the State to take a final decision on the petitioner's representation within eight weeks from the date of receipt of a copy of the order. The writ petition was disposed of with liberty granted to the petitioner to file a fresh petition or pursue any other available legal recourse if he remained unsatisfied with the final outcome of the State's decision. No specific findings were made on the legality of the initial rejection order, as the focus was on expediting the final decision.
Key Issues
1. Whether the State's rejection of the petitioner's representation, as communicated by the order dated 08.10.2021, was legally sustainable. 2. What is the appropriate course of action given that the State has sought and received an opinion from the Chhattisgarh Public Service Commission after the initial rejection order and subsequent to the filing of the writ petition. Petitioner's Contention: The petitioner is aggrieved by the order dated 08.10.2021 which rejected his representation. He has since filed a further representation and the State has obtained an opinion from the Chhattisgarh Public Service Commission, indicating that the matter is still under consideration. The petitioner seeks a final decision on his representation. State's Contention: The State has sought and received an opinion from the Chhattisgarh Public Service Commission regarding the petitioner's representation. The matter is pending with the State for a final decision. The State has not presented any arguments against the petitioner's plea for a timely decision.
AI-generated summary — verify with the full judgment below
1
2025:CGHC:8260
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6315 of 2021 1 - Manish Mishra S/o Late Shri Bisahu Lal Mishra Aged About 38 Years Deputy Commissioner (State Tax), Head Office, Gst Bhawan, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Commercial Tax, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - Commissioner State Tax, North Block Sector, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - Mahendra Dhanelia, Deputy Commissioner, State Tax, Head Office State Tax Bhawan, Sector 19, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh 4 - Ku. Josita Tigga, Deputy Commissioner, State Tax, O/o Joint Commissioner, Division Durg, Dist. Durg Chhattisgarh 5 - Mukesh Kumar Tyagi, Deputy Commissioner, State Tax, O/o Joint Commissioner, Raipur Division Ii, Civil Line, Raipur Dist. Raipur Chhattisgarh 6 - Gulapa Purseth, Deputy Commissioner, State Tax O/o Joint Commis
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