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Allahabad High Court

Ajit Kumar Singh & Others vs State Of U.P. & Others on 4 January, 2010

Bench: Rajes Kumar, Bala Krishna Narayana

Court No. - 37

Case :- WRIT TAX No. - 2379 of 2009

Petitioner :- Ajit Kumar Singh & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Murtuza Ali
Respondent Counsel :- C.S.C.

Hon'ble Rajes Kumar,J.

Hon'ble Bala Krishna Narayana,J.

Learned counsel for the petitioners states that for the refund of the amount, the petitioners have given representation to the Principal Secretary, Excise U.P., Government of U.P., which is Annexure-2 to the writ petition and a copy of which to the Excise Commissioner and District Magistrate. He submitted that the representation of the petitioners dated 10.6.2009 has not yet been decided. He further submitted that the District Magistrate, Ghazipur is a competent authority to refund the amount and, therefore, the District Magistrate, Ghazipur be directed to decide the representation and refund the amount.

Learned Standing Counsel has no objection.

In view of the above, the writ petition is disposed of directing the petitioners to file a fresh representation before the District Magistrate, Ghazipur within a period of two weeks and in case if such representation is being filed, the District Magistrate, Ghazipur is directed to dispose of the representation within a period of four weeks thereafter and in case if the petitioners are found entitled for the refund of the amount, the same may be refunded within another two weeks.

Order Date :- 4.1.2010 OP