WPMS/996/2023
2023 Latest Caselaw 1425 UK

             Office Notes, reports,
             orders or proceedings
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                                      WPMS No.996 of 2023
                                      Hon'ble Pankaj Purohit, J.

Mr. Bhupesh Kandpal, Advocate for the petitioner.

Mr. Anil Dabral, Additional Chief Standing Counsel for the State.

2. Heard learned counsel for the parties.

3. This petition has been filed by the petitioner for the following reliefs:-

"(i) A writ, order or direction in the nature of mandamus commanding the respondent authority to refund the amount which was deposited (which could not be utilized on account of impact of covid 19) and therefore the appropriate direction may kindly be issued to the respondents to return an amount of Rs.86,71,552/- (for the year 2020-21), alongwith the interest of 18% per annum to the petitioner within a stipulated time period.

(ii) Any other suitable writ, order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case.

(iii) Award the cost of petition to the petitioner."

4. Mr. Bhupesh Kandpal, Advocate submits that the present writ petition is squarely covered by the judgment and order dated 21.03.2023 passed by the Coordinate Bench of this Court in Writ Petition (M/S) No.3149 of 2022.

5. This fact has not been disputed by the State Counsel.

6. In view of the statement made by the learned counsel for the parties, the writ petition is disposed of directing the petitioner to approach the Committee constituted under Clause 35 of the Excise Policy applicable for the Financial Year 2020-21 headed by the Chief Secretary. If petitioner approaches the Committee by making his representation within three weeks from today, the Committee will look into petitioner's claim and take an appropriate decision, as per law, within six months thereafter.

7. It goes without saying that before taking any decision, the said Committee will invite comments from District Excise Officer concerned.

8. The writ petition stands disposed of accordingly.

(Pankaj Purohit, J.) 22.05.2023 Arti