Mahesh Tandan vs. State Of Chhattisgarh

WPC/3691/2024HC ChhattisgarhGSTCNR CGHC01023973202424 July 2024Bench: HON'BLE SHRI JUSTICE PARTH PRATEEM SAHU2 pages
AI SummaryRemanded

Facts

The petitioner, Mahesh Tandan, filed a writ petition before the Chhattisgarh High Court seeking various reliefs related to a liquor shop space. These included calling for tender records, directing respondents to decide his representation dated March 21, 2024, payment of rent for the shop space from April 2020, and vacating the petitioner's shop. The petitioner's counsel later narrowed the prayer, requesting a direction to Respondent No. 3 (District Excise Officer Sarangarh) to decide the pending representation. The State counsel had no objection to this limited prayer, stating that if the representation was pending, it would be considered and appropriate orders passed. The Court considered the submissions of both parties.

Held

The Court held that it was appropriate to dispose of the writ petition at that stage by directing Respondent No. 3, the District Excise Officer Sarangarh, to decide the petitioner's representation dated March 21, 2024. The Court reasoned that this direction would address the immediate procedural concern raised by the petitioner. The operative direction was to decide the representation at the earliest, preferably within three weeks from the date of receiving the order. The Court found no objection from the State counsel to this course of action. The Court explicitly stated that the writ petition stood disposed of with this direction.

Key Issues

1. Whether the Court should direct Respondent No. 3 to decide the petitioner's representation dated March 21, 2024, concerning the liquor shop space. The petitioner argued that his representation was pending and sought a direction for its early disposal. The respondents, specifically the State counsel, did not object to this prayer, indicating that the representation would be considered and appropriate action taken in accordance with the law. The core issue was the procedural relief of directing an authority to decide a pending representation. No specific GST provisions were directly argued or relied upon in the context of this narrowed prayer.

AI-generated summary — verify with the full judgment below

1 NAFR HIGH COURT

OF CHHATTISGARH, BILASPUR

WPC

No.

3691

of 20

24

• Mahesh Tandan S/o Shri Chhabilal Tandan Aged About 41 Years R/o Village and Post - Tundri, Thana and Tahsil - Bilaigarh, Distt. - Sarangarh-Bilaigarh (C.G.) ------Petitioner VERSUS

1.

State of Chhattisgarh through the Secretary, Excise Department, Mantralaya Mahanadi Bhawan, Atal Nagar Nawa Raipur, District - Raipur (C.G.)

2.

Commissioner Excise Department, North Block, Sector-19, Commercial Tax and GST Bhawan, First Floor, Nawa Raipur Atal Nagar, Distt. - Raipur (C.G.)

3.

District Excise Officer Sarangarh, Distt. - Sarangarh-Bilaigarh (C.G.)

4.

District Excise Officer Balodabazar, Distt. - Balodabazar-Bhatapara (C.G.)

5.

District Manager, CSMCL Balodabazar, Distt. - Balodabazar-Bhatapara (C.G.)

6.

Smt. Rajkumari W/o Shri Sahasram Barle, Sarpanch, Gram Panchayat Trundri, Distt - Balodabazar-Bhatapara (C.G.)

7.

Deepak Ratre S/o Shri Shankar Lal Ratre Aged About 24 Years By Caste - Satnami, R/o Village and Post - Tundri, Thana a

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