High CourtsDivision Bench(2020) 09 PAT CK 0324

Wireless Tt-Info Services Ltd And Anr vs State Of Bihar And Ors

Patna High Court · Decided on 23 September 2020

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 10360 Of 2008

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Judgment

20 paragraphs · 420 words

Shri Vikash Kumar, learned Standing Counsel No. XI appearing for the State states that the present petition has to be disposed of in terms of order

dated 17.08.2020 passed in C.W.J.C. No. 14284 of 2008, titled as Wireless Tr-Info Services Limited & Anr. Vs. The State of Bihar & Ors. for the

very same counsel who had earlier appeared in the very same matter with respect to the very same writ petitioner is also pursuing the instant petition

and the issues in both the matters are identical. Order dated 17.08.2020 passed in CWJC No. 14284 of 2008 titled as Wireless Tt-Info Services

Limited & Anr. Vs. State of Bihar & Ors. is reproduced herein under:

“Petitioner has prayed for the following relief(s):-

“(i) That the petitioner company is a limited company incorporated under the provisions of the Companies Act, 1956 and has its registered office at

the address mentioned in the cause title of this petition. The petitioner company also has its circle and/or head office in the State of Bihar at the

address given in the cause title and the said circle office is hereinafter referred to as the “said circle officeâ€. In the instant writ petition the

petitioners are praying for a declaration that the Bihar Entry of Goods into Local Areas for Consumption, Use or Sale therein (Amendment and

Validation) Act, 2007 and the Bihar Entry of Goods into Local Areas for Consumption, Use or Sale therein (Amendment and Validation) Act, 2008,

(Act 13 of 2008), are unconstitutional, illegal and null and void in their entirety since the promulgation thereof so that the respondents cannot levy,

assess and/or collect entry tax from the petitioners for any period and/or on and from 29th August, 2006 on the basis of the aforesaid Act 13 of 2008

and/or on the basis of the Amendment and Validation Act of 2007 and/or on any other basis in respect of carriage of business by the petitioners in the

State of Bihar.â€​

Shri Vikash Kumar, learned Standing Counsel No. XI states that the issue raised in the present petition already stands adjudicated by the Hon’ble

Apex Court in the case of Jindal Stainless Ltd.& Anr vs State Of Haryana & Ors, reported in (2017) 12 SCC 1.

None has entered appearance on behalf of the petitioner.

As such, we close these proceedings reserving liberty to the writ-petitioner to revive the same, if the need so arises.â€​

We close these proceedings reserving liberty to the writ-petitioner to revive the same, if the need so arises.