High Courts(2004) 08 KAR CK 0035

Ankit Enterprises, Bangalore and Others vs The Commercial Tax Officer, T.R.C.P. (In), Arasinkunte, Nelamangala Taluq, Bangalore and Others

Karnataka High Court · Decided on 19 August 2004 · Citation: (2004) 57 KarLJ 215

HON’BLE JUDGES
N. K. Patil, J
CASE NUMBER
Writ Petition Nos. 33135 to 33140 of 2004 (T-KST)

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Judgment

7 paragraphs · 340 words
1.

Though these matters are listed today, for Preliminary Hearing, with the consent of the learned Counsel for the petitioners and the learned Government Pleader for respondents, the matter is taken-up for hearing.

2.

In these petitions, the petitioners have sought for a mandamus, directing the respondents 3 and 4 to take effective steps to refund the amount along with interest at 12% p.a. under Section 13-A, pursuant to the first appeal orders and the requisitions marked as per Annexures-A to L, from the date of recovery, within fortnight from the date of orders.

3.

It is not in dispute that the appeals filed by the petitioners were allowed by the Competent Authority. Immediately thereafter, the petitioners made oral and written requests to the respondents to refund the amount with interest as permissible under law. The said requests of the petitioners were not considered by the respondents, so far and in view of non-consideration of the requests made by the petitioners by the respondents, the petitioners have approached this Court, by way of filing these writ petitions.

4.

I have heard the learned Counsel for the petitioners and the learned Government Pleader for respondents. The learned Government Pleader for respondents fairly submitted that, the requests of the petitioners will be considered and appropriate orders will be passed in accordance with law, as expeditiously as possible, within fifteen days from the date of receipt of this order.

5.

The submission made by the learned Government Pleader for respondents as stated supra is placed on record.

6.

In the light of the facts and circumstances of the case as stated above, without expressing any opinion on merits of the case, the writ petitions stands disposed of with the following directions: The respondents herein are directed to consider the representations given by the petitioners for refund of the recovered amount with interest, as permissible under law, within fifteen days from the date of receipt of this order.

The learned Government Pleader is permitted to file memo of appearance within two weeks from today.