Shivdani Prasad Singh vs The State Of Bihar
2021 Latest Caselaw 3125 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
           Civil Writ Jurisdiction Case No. 8378 of 2021
======================================================

====================================================== Appearance :

For the Petitioner/s : Mr. Apurva Kumar, Advocate For the Respondent/s : Mr. Pawan Kumar, A.C. to A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ===================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Date : 07-07-2021

Petitioner has prayed for the following relief(s): Patna High Court CWJC No. 8378 of 2021 dt. 07-07-2021

Patna High Court CWJC No. 8378 of 2021 dt. 07-07-2021

Learned counsel for the petitioner, under

instructions, states that petitioner shall be content if a

direction is issued to the authority concerned to consider

and decide the petitioner's request, which is pending Patna High Court CWJC No. 8378 of 2021 dt. 07-07-2021

consideration for refund of the amount under the

provisions of the Bihar Finance Act, 1981.

As prayed for, we dispose of the present petition in

the following mutually agreeable terms:-

(a) Petitioner shall appear before Respondent No. 4

namely the Joint Commissioner, State Tax Department,

Begusarai, Bihar on 9th of August, 2021 at 10:30 A.M., if

possible through digital mode;

(b) Respondent No. 4 shall decide the case of the

petitioner on merits after complying with the principles

of natural justice;

(c) Opportunity of hearing shall be afforded to

the parties. Also, opportunity to place on record all

essential documents and additional materials in support

of the claim shall be afforded to the parties, if so

required and desired;

(d) Petitioner through learned counsel undertakes to

fully cooperate in such proceedings and not take

unnecessary adjournment;

(e) Respondent No. 4 shall decide the case on merits

expeditiously, preferably within a period of two months Patna High Court CWJC No. 8378 of 2021 dt. 07-07-2021

from the date of appearance of the petitioner;

(f) Liberty reserved to the petitioner to challenge the

order, if required and desired;

(g) Equally, liberty reserved to the parties to take

recourse to such other remedies as are otherwise available

in accordance with law;

(h) We are hopeful that as and when petitioner

takes recourse to such remedies, before the appropriate

forum, the same shall be dealt with, in accordance with

law, with a reasonable dispatch;

(i) We have not expressed any opinion on merits

and all issues are left open;

(j) If possible, proceedings during the time of

current Pandemic [Covid-19] be conducted through

digital mode;

The instant petition sands disposed of in the

aforesaid terms.

Interlocutory Application(s), if any, also stands

disposed of.

Learned counsel for the respondents undertakes

to communicate the order to the appropriate authority Patna High Court CWJC No. 8378 of 2021 dt. 07-07-2021

through electronic mode.

(Sanjay Karol, CJ)

(S. Kumar, J)

Sujit/PKP-

AFR/NAFR
CAV DATE
Uploading Date          14.07.2021
Transmission Date