The High Court dismissed a writ petition under Article 227 challenging an order regarding the final disposal of a GST liability suit on merits. The Court held the petition not maintainable as the impugned order was not specifically challenged earlier.
Petition dismissed as not maintainable.
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Neutral Citation No. - 2023:AHC-LKO:63185
Court No. - 6
Case :- MATTERS UNDER ARTICLE 227 No. - 4763 of 2023
Petitioner :- Dr. Mohammad Seraj Ansari Respondent :- M/S Deora Infratech Pvt. Ltd. Lko Thru. Its Director And 2 Others
Counsel for Petitioner :- Gibran Akhtar Khan,Mohammad Asmar Ansari
Hon'ble Rajnish Kumar,J.
Heard learned counsel for the petitioner.
This petition has been filed challenging the order dated 25.04.2023, by means of which the claim of the petitioner for determination as to whether GST is payable or not, has been ordered to be decided finally on merit while disposing of the suit as already held by the order dated 30.08.2022.
Persual of the order dated 30.08.2022 indicates that the contention of learned counsel for the petitioner has already been considered and decided that it cannot be decided as a preliminary issue and it would be decided finally, but the said order has not been challenged, therefore, this petition is not maintainable.
The petition is, accordingly, dismissed.
Order Date :- 3.10.2023 Ashutosh Pandey
Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a writ petition challenging an order determining that GST liability is a question of merit rather than a preliminary issue is maintainable.
Dr. Mohammad Seraj Ansari
M/S Deora Infratech Pvt. Ltd.
Rajnish Kumar
Ashutosh Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
