High CourtsDivision Bench(2021) 01 PAT CK 0030

Shree Ram Smokeless Industries vs State Of Bihar And Anr

Patna High Court · Decided on 6 January 2021

HON’BLE JUDGES
Sanjay Karol, CJ · Anjani Kumar Sharan, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 20670, 21990, 22224 Of 2018

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Judgment

15 paragraphs · 246 words

Petitioner has prayed for the following relief(s):

“1(i) For a declaration that the notification S.O 92 dated 25.07.2001 to the extent it levies Entry Tax on coal particularly on small-scale industries

granted exemption from payment of Sales Tax on sale as violative of Article 304(a) of the Constitution of India.

(ii) For a direction to the respondent no.2 to refund the amount of Entry Tax paid during the pendency of the writ petition and also the Special Leave

Petition with statutory interest thereon.â€​

Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to such appropriate remedies as

are otherwise available in accordance with law as also to file a fresh petition on the same and subsequent cause of action, if the need so arises.

We are sure that as and when such request is made to the authority concerned, the same shall be considered and disposed of expeditiously, also

associating the petitioner in taking the remedial measures.

Needless to add, while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.

We have not expressed any opinion on merits. All issues are left open.

The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree

to meet in person i.e. physical mode.

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, also stands disposed of.