Khageshwar Say vs. State Of Chhattisgarh

WPS/4674/2022HC ChhattisgarhGSTCNR CGHC01021968202205 July 2022Bench: HON'BLE SHRI JUSTICE NARENDRA KUMAR VYAS1 pages
AI SummaryWithdrawn

Held

The Court granted the petitioner's request to withdraw the writ petition. The Court held that the petitioner is at liberty to file a representation before the concerned respondent authorities within two weeks. Upon receipt of such representation, the respondent authorities are directed to consider and decide the same in accordance with law within two months from the date of receipt of a copy of the representation. The interim application for stay also stands dismissed as a consequence of the withdrawal of the main petition.

Facts

The petitioner, Khageshwar Say, filed a writ petition before the High Court of Chhattisgarh, Bilaspur. The petition was directed against the State of Chhattisgarh and its excise authorities, including the Excise Commissioner and the District Excise Officer, Jashpur. The specific order or action under challenge and the tax period(s) are not detailed in the provided text. The amount in dispute is also not stated. The procedural history indicates that the petitioner sought permission to withdraw the writ petition to file a representation before the concerned respondent authorities.

Key Issues

1. Whether the petitioner should be granted permission to withdraw the writ petition with liberty to file a representation before the concerned respondent authorities? Petitioner's contention: The petitioner, through their counsel, sought permission to withdraw the writ petition. Revenue/State's contention: The judgment does not record any specific contention from the respondent State or its authorities regarding the withdrawal of the petition. The court proceeded to grant the permission sought by the petitioner.

AI-generated summary — verify with the full judgment below

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4674 of 2022 • Khageshwar Say S/o Late Shri Binsay Aged About 57 Years R/o Village Kolhen Jhariya, P.S. Tumla, Tehsil Farsabahar, District Jashpur (C.G.) ---- Petitioner Versus

1.

State Of Chhattisgarh Through The Secretary, Department Of Commercial Tax (Excise), Mahanadi Bhawan, Nawa Raipur Atal Nagar, District Raipur (C.G.)

2.

Excise Commissioner North Block, Sector- 19, Gst Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

3.

District Excise Officer Jashpur, District Jashpur (C.G.) ---- Respondents --------------------------------------------------------------------------------------------------------- For petitioner : Ms. Pragya Pandey, Advocate. For Respondent/State : Mr. Anshuman Shrivastava, PL Hon'ble Shri Justice Narendra Kumar Vyas. Order on Board (06-07-2022)

1.

Learned counsel appearing for the petitioner would submit that he seeks permission of this court to withdraw this writ petition with liberty to file a representation before the concerned respondent authorities.

2.

Permission is granted.

3.

Accordingly, the instant writ petition (s) is dismissed as withdrawn with the aforesaid liberty granted to the pe

The judgment continues below.

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