High Courts(2008) 02 KAR CK 0022

Wires and Cables (India), Bangalore vs State of Karnataka and Others

Karnataka High Court · Decided on 11 February 2008 · Citation: (2008) 64 KarLJ 238

HON’BLE JUDGES
N. K. Patil, J
CASE NUMBER
Writ Petition No. 4793 of 2007 (T-RES)

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Judgment

6 paragraphs · 385 words
1.

Learned Counsel appearing for petitioner at the outset submitted that, he would not press prayers (b) and (c) and the said prayers may be dismissed as not pressed and further submitted that, he would confine the instant writ petition only so far as seeking direction, directing the respondents to consider his representation vide Annexure-E, dated 7th March, 2007 filed under Section 90, sub-section (1) of Karnataka Value Added Tax Act, 2003.

2.

I have heard learned Counsel appearing for petitioner and learned Additional Government Advocate appearing for respondents.

3.

The petitioner in this petition is a Company represented by its proprietor. The only grievance of petitioner in the instant writ petition is that, petitioner has submitted a detailed memorandum of facts-cum-representation as early as on 7th March, 2007 filed under Section 90, sub-section (1) of KVAT Act, 2003. The said memorandum of facts/representation filed by petitioner is neither considered nor any decision is taken on the same. Hence, in view of non-consideration of the said representation and in view of inaction on the part of respondents in not taking a decision on merits and in accordance with law, petitioner herein felt necessitated to present the instant writ petition seeking appropriate reliefs.

4.

Learned Additional Government Advocate appearing for respondents submitted that, the representation submitted by petitioner dated 7th March, 2007 vide Annexure-E to the first respondent would be considered and appropriate decision will be taken in accordance with law, if the same is not yet disposed of.

5.

The submission made by learned Additional Government Advocate appearing for respondents, as stated supra, is placed on record.

6.

In the light of the submission made by learned Counsel appearing for petitioner and learned Additional Government Advocate, prayers (b) and (c) sought in the writ petition are dismissed as not pressed. So far as the prayer seeking direction is concerned, the writ petition filed by petitioner is disposed of without expressing any opinion on merits, but, with a direction to respondents to consider the memorandum of facts/representation submitted by petitioner dated 7th March, 2007 vide Annexure-E and dispose of the same in accordance with law, if not already considered and disposed of, as expeditiously as possible, at any rate, within a period of eight weeks from the date of receipt of a copy of this order.