Madhya Pradesh High Court
M/S Jaypee Rewa Soya Processing Unit vs The State Of Madhya Pradesh on 3 February, 2016
1
W.P.No.19887/2015
03.02.2016
Shri Avinash Zargar, Advocate for the petitioner.
Shri Samdarshi Tiwari, Deputy Advocate General for
the respondents/State.
Petitioner wanted to withdraw this petition with liberty to file fresh petition if the situation so warrants.
This liberty is sought in the context of representation preferred by the petitioner being considered by the Competent Authority, which has been resorted to by the petitioner in terms of order dated 07.05.2015 in W.P. No.6525/2015.
We have no difficulty in allowing the petitioner to withdraw this petition, but, we made it clear to the learned counsel for the petitioner that the liberty sought by the petitioner is on some misconception of the legal position. The order dated 07.05.2015 in W.P. No.6525/2015, does not invest jurisdiction in the Competent Authority after the decision of the Appellate Authority passing conditional order of pre-deposit to entertain the appeal, under Section 46 of the VAT Act.
Nevertheless, counsel for the petitioner submits that since the Competent Authority is likely to pass some orders on pending representation very shortly, hearing of 2 W.P.No.19887/2015 this petition be deferred.
We accordingly defer the hearing of this petition till 24.02.2016. To be listed under caption "Direction" for reporting further progress on the representation filed by the petitioner before the Competent Authority.
(A. M. Khanwilkar) (Sanjay Yadav)
Chief Justice Judge
shukla