Shri Ganga Palace, Thr.Its ... vs State Of U.P.Thr.Secy.Tax & ...
2017 Latest Caselaw 3998 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- MISC. BENCH No. - 8425 of 2013
 
Petitioner :- Shri Ganga Palace, Thr.Its Owner/Licence Abhilash Kumar
 
Respondent :- State Of U.P.Thr.Secy.Tax & Registration Civil Sectt.U.P.&Or
 
Counsel for Petitioner :- Rajeev Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Ravindra Nath Mishra-II,J.

(C.M.Application No. 43974 of 2017)

1.This is an application for recall of the order dated 30.03.2017 and for restoration of the writ petition.

2.Learned Standing Counsel has no objection to the prayer of the learned counsel for the petitioner. 

3. Heard learned Counsel for the parties and perused the affidavit filed in support of recall application. Cause shown in the affidavit is found satisfactory. 

4. On due consideration, application is allowed.

5. The order dated 30.03.2017 is recalled. The writ petition is restored to its original number.

Order Date :- 5.9.2017

Pachhere/-

Case :- MISC. BENCH No. - 8425 of 2013

Petitioner :- Shri Ganga Palace, Thr.Its Owner/Licence Abhilash Kumar

Respondent :- State Of U.P.Thr.Secy.Tax & Registration Civil Sectt.U.P.&Or

Counsel for Petitioner :- Rajeev Srivastava

Counsel for Respondent :- C.S.C.

Hon'ble Sudhir Agarwal,J.

Hon'ble Ravindra Nath Mishra-II,J.

1. The writ petition is directed against order dated 14.08.2013 passed by District Magistrate, Mainpuri under provisions of U.P. Entertainment and Betting Tax Act, 1979 where against statutory remedy of appeal is provided under Section 12 (2) of the said Act.

2. Learned counsel for petitioner could not advance any substantive argument so as not to relegate him to avail aforesaid statutory remedy.

3. The writ petition is, accordingly, dismissed on the ground of alternative remedy.

Order Date :- 5.9.2017

Pachhere/-