The Court disposed of the writ application by directing the release of the petitioner's vehicle and goods upon furnishing a Bank Guarantee of Rs. 3,04,822/-, allowing recourse to statutory remedies via appeal.
Release of vehicle and goods on furnishing Bank Guarantee of Rs. 3,04,822/- and liberty to file appeal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
| Civil Writ Jurisdiction Case No.5294 of 2016 =========================================================== |
|---|
| PSR Highway Carriers of India, having its registered office at Plot No.- 213, |
| Industrial Area, Phase-2, P.O. & P.S.- Panchkula, District- Panchkula, State- |
| Haryana, through Truck Driver Md. Samsuddin, Age- 26 years, having registration number of truck UP21BN/0840, Resident of Village- Chack Fazalpur, PO & PS- |
| Kundarki, District- Muradabad, PIN- 244001 (Uttar Pradesh). .... .... Petitioner Versus |
| 1. The State of Bihar through the Commissioner of Commercial Taxes, Bihar, Patna having its office at Vikash Bhawan, Baily Road, Patna. |
| 2. Deputy Commissioner of Commercial Taxes, Integrated Check Post, Karmanasha, Babhua, Kaimur. |
| 3. Assistant Commissioner of Commercial Taxes, Integrated Check Post, Karmanasha, Babhua, Kaimur. .... .... Respondents =========================================================== |
| Appearance : |
| For the Petitioner : Mr. Prabhash Ranjan Thakur, Advocate. |
| For the Respondents : Mr. Purnendu Singh, G.P-27 |
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 16-03-2016
Heard learned counsel for the petitioner and learned counsel for the State.
Patna High Court CWJC No.5294 of 2016 dt.16-03-2016
2 /2
upon the petitioner furnishing Bank Guarantee for Rs. 3,04,822/-, the vehicle in question shall be released forthwith by the respondents.
(Hemant Gupta, J)
(Ramesh Kumar Datta, J)
P.K.P. N.A.F.R.
U
2 issues framed by the court
Whether the petitioner's transport vehicle and goods can be released upon furnishing of Bank Guarantee pending statutory remedy.
Whether the petitioner is at liberty to appeal the impugned penalty order.
2 provisions across 1 enactments
PSR Highway Carriers of India through Truck Driver Md. Samsuddin
The State of Bihar through the Commissioner of Commercial Taxes, Bihar
Deputy Commissioner of Commercial Taxes, Integrated Check Post, Karmanasha, Babhua, Kaimur
Assistant Commissioner of Commercial Taxes, Integrated Check Post, Karmanasha, Babhua, Kaimur
Hemant Gupta
Ramesh Kumar Datta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
