Decided On: 09.05.2025 vs Financial Commissioner (Appeals) And ...
2025 Latest Caselaw 726 HP

Himachal Pradesh High Court

Decided On: 09.05.2025 vs Financial Commissioner (Appeals) And ... on 9 May, 2025

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                                                    2025:HHC:13288
       IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                       CWP No.          7529 of 2025
                                                       Decided on: 09.05.2025
Murat Ram                                                              ... Petitioner

                            Versus

Financial Commissioner (Appeals) and others                                     ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
_____________________________________________________
For the petitioner      :     Ms. Sangeeta Vasudeva, Advocate.

For the respondents                  :        Mr. Pushpender Jaswal, Addl. AG for
                                              respondents-State.
Ajay Mohan Goel, Judge                        (Oral)

Notice confined to respondents No. 1 to 3. Mr.

Pushpender Jaswal, learned Additional Advocate General, accepts

notice on behalf of said respondents.

2. By way of this writ petition, the petitioner has prayed for

the following reliefs:-

"It is therefore prayed that this civil writ petition may kindly be allowed and the order dated 10.02.2025 may please be modified to the extent that order dated 16.07.2024 may be stayed in the interest of justice and fair play."

3. The Order passed by the Financial Commissioner on

10.02.2025 reads as under:-

"On the request of the Ld. Counsel for the petitioner, the matter is put up before me today for hearing on

Whether reporters of the local papers may be allowed to see the judgment?

2025:HHC:13288

admission and stay application.

Heard. Having considered the averments made by the Ld. Counsel for the petitioner and on bare perusal of the contents of stay application as well the copy of impugned order, it is appropriate to call for the record of the courts below before passing any order on admission of the case.

Now, to come up for admission on 25.04.2025 at 2:30 P.M., in the next camp at Kullu at 3:00 P.M."

4. In fact, this case is listed before this Court today, i.e.

09.05.2025, whereas the date fixed in terms of the order dated

10.02.2025 before learned Financial Commissioner itself was

25.04.2025. Learned Counsel for the petitioner submits that on

25.04.2025, requisite record was not received by the learned

Financial Commissioner.

5. Be that as it may, in light of the fact that no adverse

order has been passed against the petitioner by the learned

Financial Commissioner, whose jurisdiction has been invoked by the

petitioner, these proceedings are closed with the observation that let

on the next date of hearing, appropriate orders on the stay

application of the petitioner be passed by the Authority. Pending

miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel) Judge May 09, 2025 (narender)