Partly allowed

Subash Chandra Mohanty v. State of Odisha

Orissa HC1 Feb 2022WP(C)/17290/2020

Case brief

AI extract

What is this about?

This common order disposed of six related writ petitions. The court allowed the withdrawal of prayers to quash an order cancelling GST registration and to reimburse tax burden, subject to the petitioner filing an appeal with pending amounts by a specified date. The appellate authority agreed to consider the explanation for delay.

What did the court decide?

Approval of withdrawal of prayers with liberty to file appeal pending deposit of reimbursement amount; appellate authority to consider appeal with delay explanation.

Subash Chandra Mohanty Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos. 17290, 17292, 17294, 17295, 17296, 17297 and 17298 of 2020

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Subash Chandra Mohanty …. Petitioner

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Mr. Sukanta Kumar Dalai, Advocate -versus-

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State of Odisha and Others

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…. Opposite Parties

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Mr. S.N. Das, Additional Standing Counsel

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CORAM: THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK

ORDER

Order No.

01.02.2022

These matters are taken up by video conferencing mode.

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In all these writ petitions, the background facts are similar and the prayers are also more or less similar. Accordingly they are being disposed of by this common order.

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The two-fold reliefs sought are as under:

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(1) quashing an order dated 16^th September, 2019 cancelling the Petitioner’s registration under the GST law; and

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(2) a direction to the Executive Engineer (Opposite Party No.3) to reimburse the additional tax burden suffered by the Petitioner after coming into force of the GST Rule.

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As far as the first prayer is concerned, it is stated by Mr. Dalai, learned counsel that the Petitioner in each of the case seeks to withdraw the prayer with liberty to file an appeal in accordance with law. It is further stated that the Petitioner in these cases would

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deposit with the appellate authority at the time of filing of such appeal the entire amount of reimbursement of GST received by him from Opposite Party No.3.

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Accordingly, it is directed that if the above appeals are filed not later than 15^th March, 2022 along with the amounts already received by the Petitioner in these cases as reimbursement of GST from Opposite Party No.3 and any application for interim protection is filed, the appellate authority will consider the same in accordance with law.

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Any explanation offered by the Petitioner in these cases for the delay in filing the appeals on account of the pendency of the present writ petitions will be taken into account by the appellate authority in accordance with law.

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The writ petitions are disposed of in the above terms.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25^th March 2020, modified by Notice No.4798, dated 15^th April, 2021 and Court's Office order circulated vide Memo Nos.514 and 515 dated 7^th January, 2022.

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(Dr. S. Muralidhar)

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Chief Justice

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(R.K. Pattanaik)

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Judge

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S.K. Jena/P.A.

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Subash Chandra Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Subash Chandra Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

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