The High Court disposed of the petition without expressing an opinion on merits, granting liberty to the petitioner to submit objections to the respondent authority within three weeks for a reasoned decision.
Petitioner directed to submit objections to respondent authority within three weeks for reasoned decision.
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Court No. - 3
Case :- WRIT - C No. - 3172 of 2022
Petitioner :- Rakesh Chand @ Rakesh Kumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Murari Tripathi Counsel for Respondent :- C.S.C.,Sushil Kumar Pandey
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri Sushil Kumar Pandey, learned counsel for the respondent Nos.2, 3 and 4.
This writ petition has been filed praying for the following relief:
"(i) issue a writ order or direction in the nature of certiorari quashing the Provisional Assessment dated 04.10.2021 issued by respondents for amount of Rs.2,27,361 (Two Lakh Twenty Seven Thousand Three Hundred Sixty One).
(ii) issue a writ order or direction in the nature of mandamus directing the respondents not to compel/ harass the petitioner for making payment of Rs.2,27,361 (Two Lakh Twenty Seven Thousand Three Hundred Sixty One) in pursuance of Provisional Assessment dated 04.10.2021.
(iii) issue a writ order or direction in the nature of mandamus directing the respondent No.3 take action on the last objection/ application dated 21.12.2021 of the Petitioner and decide the same within stipulated period fixed by this Hon'ble Court."
Learned counsel for the respondent Nos.2, 3 and 4 states that the petitioner may submit has objections before the respondent No.3 which shall be decided by the respondent No.3 in accordance with law and a final order shall be passed.
In view of the statement made by learned counsel for the respondent Nos.2, 3 and 4 and without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed off giving liberty to the petitioner to submit his objections before the respondent No.3 within three weeks from today, along with a certified copy of this order.
In the event, such an objection is submitted by the petitioner within the stipulated period, it shall be decided by the respondent No.3 in accordance with law by speaking and reasoned order, expeditiously, preferably within next four weeks, after affording reasonable opportunity of hearing to the petitioner.
Order Date :- 22.4.2022 NLY
Digitally signed by NAND LAL YADAV Date: 2022.04.22 18:15:19 IST Reason: Location: High Court of Judicature at Allahabad
Rakesh Chand @ Rakesh Kumar Gupta
State Of U.P.
Respondent No.2
Respondent No.3
Respondent No.4
Surya Prakash Kesarwani
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
