Writ petition challenging a demand notice was disposed of as not maintainable at the stage. Directions were issued for the petitioner to respond within seven days, with a hearing to follow.
Petitioner directed to file response within seven days; no further coercive action in the meantime.
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W.P.(C) No.9122 of 2020
02. 01.05.2020
Heard Mr.Sidhartha Ray, learned counsel for the petitioner.
This writ petition involves a challenge to the order at Annexure-1. Considering the submission of Sri Ray, learned counsel for the petitioner and on perusal of Annexure-1, it appears that Annexure-1 is a notice of demand asking the petitioner to show-cause by way of objection to the penalty indicated therein.
Learned counsel for the petitioner submits that petitioner has initially asked for one month time to file his response to Annexure-1. In the meantime due to lockdown situation, petitioner is unable to file his response. Admittedly, there is no further coercive action after the demand notice along with show-cause notice is received.
Considering the stage of the matter and as petitioner has the scope to file his response to the demand notice for consideration before the competent authority, this writ petition is not entertainable at this stage. Accordingly, the same is disposed of observing in the event order at Annexure-1 is still pending, it is open to the petitioner to file his response within a period of seven days and decision as appropriate be taken by the Additional Regional Transport (Enforcement), Barbil, Keonjhar, opposite party no.2, giving opportunity of hearing to the petitioner within a further period of two weeks.
In the meantime, no further coercive action
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shall be taken pursuant to Annexure-1 till a decision is taken as per the direction given above.
…....……………………… Biswanath Rath, J.
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W.P.(C) No.9122 of 2020 Petitioner
Additional Regional Transport (Enforcement), Barbil, Keonjhar
Biswanath Rath
As recorded by the court registry
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