Disposed

Binod Kumar v. The State Of Bihar and Ors.

Patna HC2 Jul 2014CWJC/9983/2014

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AI extract

What is this about?

This Court disposed of a writ petition filed by a shop owner challenging the sealing of his shop. Upon counsel's admission that the shop was sealed due to the petitioner's absence during inspection, the Court directed the Assistant Commissioner to remove the seal and re-inspect the shop on a specified date.

What did the court decide?

The Assistant Commissioner of Commercial Taxes to be present at the shop on the 3rd July 2014 to remove the seal and conduct inspection.

Binod Kumar Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.9983 of 2014

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Binod Kumar aged 61 years S/o Late Keshav Prasad, resident of Raja Market (Exhibition Road) Station Road, PS Gandhi Maidan, Patna

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.... .... Petitioner

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Versus

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The State of Bihar

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The Commissioner –cum-Principal Secretary, Commercial Taxes Department, New Secretariat, Patna, Bihar

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The Assistant Commissioner of Commercial Taxes, Patna Central Circle, Patna

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The Deputy Commissioner of Commercial Taxes, Patna West Circle, Patna

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.... Respondents

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Appearance :

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For the Petitioner/s : Mr. Jagdish Prasad, Advocate

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For the Respondent/s : Mr. Lalit Kishore, Sr. Advocate, PAAG

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 02-07-2014 This Petition under Article 226 of the Constitution is made by a shop owner against the action of the respondents in sealing the shop.

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Learned advocate Mr. Vikash Kumar has appeared for the respondents. He has admitted that since the petitioner did not remain present for inspection of goods and the books of account and the shop was closed, the respondent authorities have sealed the shop.

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Patna High Court CWJC No.9983 of 2014 (2) dt.02-07-2014

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2/2

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In the aforesaid circumstances, this order is made with the consent of the learned advocates.

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The petitioner, the shop owner, will remain present at the shop tomorrow i.e. Thursday, the 3^rd July 2014 at 11.30 in the morning. The respondent no. 3, Assistant Commissioner of Commercial Taxes, Patna Central Circle, Patna will remain present at the shop at 11.30 in the morning and will remove the seal. The petitioner will not cause impediment in the search/seizure, if required.

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Subject to the above directions, the Writ Petition is disposed of.

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(R.M. Doshit, CJ)

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(Ashwani Kumar Singh, J)

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mrl

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Binod Kumar v. The State Of Bihar and Ors.

Case brief

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Binod Kumar v. The State Of Bihar and Ors.

Case brief

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