Disposed

M/S Patran Steel Rolling Mill Thru Its Proprietor Mr. Manish Jivankumar Bansal v. Assistant Commissioner of State Tax

Gujarat HC3 May 2019SCA/6827/2019

Case brief

AI extract

What is this about?

This oral order by the Gujarat High Court disposed of a special civil application regarding a contempt petition. The court held that the grievance no longer survives as the respondent had ordered the withdrawal of bank account attachments. An unconditional apology further negated the need for action against the officer.

What did the court decide?

The petition stands disposed of accordingly; notice is discharged with no order as to costs.

M/S Patran Steel Rolling Mill Thru Its… — Constitutional and Fundamental Rights | Gujarat HC (2019)

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C/SCA/6827/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 6827 of 2019

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M/S PATRAN STEEL ROLLING MILL THRU ITS PROPRIETOR MR. MANISH JIVANKUMAR BANSAL

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Versus

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ASSISTANT COMMISSIONER OF STATE TAX

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Appearance:

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MR D K TRIVEDI(5283) for the Petitioner(s) No. 1 MR UTKARSH SHARMA, ASST. GOVERNMENT PLEADER(1) for the Respondent(s) No. 2

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MR PARESH DAVE WITH MR HARDIK P MODH(5344) for the Respondent(s) No. 1

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NOTICE UNSERVED(8) for the Respondent(s) No. 3

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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and

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HONOURABLE MR. JUSTICE BHARGAV D. KARIA

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Date : 03/05/2019 ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)

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1.Mr. Paresh Dave, learned advocate for the
respondent No.1, has placed on record a
communication dated 02.05.2019 issued by the
respondent to the Managers of different banks
where the bank accounts of the petitioner were
attached informing the banks that the attachment
over such bank accounts are ordered to be
withdrawn.

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2.In the light of the statement made by the
learned advocate for the respondent, the

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Page 1 of 2

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C/SCA/6827/2019 ORDER

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grievance voiced in the petition no longer
survives.

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3.This Court, vide notice dated 15.04.2019, had
called upon the respondent no.1 herein to show
cause as to why he should not be made personally
liable to pay the costs of the petition and the
matter should not be referred to the appropriate
Bench taking up contempt matters for disobedience
of the directions of this Court in the judgment
and order dated 20.12.2018 passed in Special
Civil Application No.16931 of 2018.

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4.In response thereto, the respondent no.1 has
filed an affidavit tendering unconditional
apology and an undertaking that he shall be very
circumspect in discharging his duties as a State
Tax Officer in future.

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5.In the light of the unconditional apology
tendered by the respondent No.1, this Court is of
the view that no further action is required to be
taken against him. The petition stands disposed
of accordingly. Notice is discharged with no
order as to costs.

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(HARSHA DEVANI, J)

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(BHARGAV D. KARIA, J)

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PRAVIN KARUNAN

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Page 2 of 2

M/S Patran Steel Rolling Mill Thru Its Proprietor Mr. Manish Jivankumar Bansal v. Assistant Commissioner of State Tax

Case brief

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M/S Patran Steel Rolling Mill Thru Its Proprietor Mr. Manish Jivankumar Bansal v. Assistant Commissioner of State Tax

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