M/S S. D. Material Handlers Pvt. ... vs State Of Gujarat
2022 Latest Caselaw 3779 Guj

       C/SCA/4434/2022                              ORDER DATED: 30/03/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 4434 of 2022

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 M/S S. D. MATERIAL HANDLERS PVT. LTD. THROUGH MANAGER - HR
               AND ADMIN PREMAL CHIMANLAL RANA
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR RAMKRISHNA B DAVE(3404) for the Petitioner(s) No. 1
Mr. UTKARSH SHARMA, AGP ADVANCE COPY SERVED TO
GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE NISHA M. THAKORE

                            Date : 30/03/2022

                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. By this writ-applicatin under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs:-

11(A) Be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction to the respondent to pay the refund of total amount of Rs.36,75,409/- recovered by the respondents with interest at the rate of 9% per annum from the date of payment of tax, penalty and interest forthwith;

(B) The petitioner may be awarded the cost of this petition;

(C) be pleased to grant such other and further orders as may be deemed just, fit and proper in the interest of justice.

2. On 16.03.2022, this Court passed the following order:-

"1. We have heard Mr. Ramkrishna Dave, the learned counsel

C/SCA/4434/2022 ORDER DATED: 30/03/2022

appearing for the writ applicant.

2. We would like to know from the respondents more particularly, the respondent no.2 as to why the order passed by the Regional Transport Officer, Surat (Pal), dated 04.04.2016, sanctioning refund of the tax paid by the writ applicant in accordance with the judgment of this High Court rendered in the Special Civil Application No.11848 of 2005 and allied matters has not been given effect too till this date. To put it in other words, despite the fact that there is an order that the amount of tax and interest paid by the writ applicant should be refunded, why the requisite amount has not been received by the writ applicant till this date.

3. Let Notice be issued to the respondents, returnable on 30.03.2022. Direct service is permitted.

4. On the returnable date, notify this matter on top of the Board.

5. In the meantime, Mr. Dave, the learned counsel, shall furnish one set of his entire paper book to Mr. Utkarsh Sharma, the learned AGP, so that Mr. Sharma can take necessary instructions by the next date of hearing."

3. Today when the matter was taken up for further hearing, Mr. Sharma, the learned AGP has tendered a communication addressed by the In-charge Regional Transport Officer, Surat to the Office of the Government Pleader dated 29.03.2022, which reads thus:-

Office of Regional Transport Officer Surat(Pal), Beside Annapurna Mataji Temple, Paal Hajira Road, Phone No.: 0261-2977191 Email : [email protected]

----------------------------------------------------------------------------------- No.-Trans/SCA No.4434/2022/Surat(Paal)/On/617

Date: 29/03/2022 To, The Government Pleader, Kayada Bhavan, Sola, Gujarat High Court, Ahmedabad.

       C/SCA/4434/2022                                ORDER DATED: 30/03/2022



       Sub:     Regarding SCA No.4434/2022
                S.D. Materials
                Vs.
                Gujarat Sate and others

Pursuant to the aforesaid subject, it is to state that, the petitioners have demanded refund for the tax paid to this office towards crawler crane in SCA No.4434/202. In connection with the same, I request you to submit to the Hon'ble High Court that, as per the judgment of the Hon'ble High Court in SCA No.11848/2005 and letter No.4004 dated 25/06/2013 of the office of the Transport Commissioner, the tax shall be paid to the petitioners as per the rules within 10 days.

Sd/-Illegible I/C Regional Transport Officer Surat (Pal)

4. The Communication received by Mr. Sharma in writing is ordered to be taken on record.

5. Thus, the Regional Transport Officer has assured that the necessary payment shall be made within a period of Ten (10) days.

6. In view of the aforesaid, nothing further is required to be adjudicated. We expect the Regional Transport Officer to ensure that there is no further round of litigation and the payment is made at the earliest.

7. With the aforesaid, this writ-application stands disposed of.

(J. B. PARDIWALA, J)

(NISHA M. THAKORE,J) A. B. VAGHELA