Calcutta High Court
The Orissa Minerals Development Co. ... vs The Principal Commr. Of I.T. Kol.2 on 20 July, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
ORDER SHEET
WP 722/2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
THE ORISSA MINERALS DEVELOPMENT CO. LTD.& ANR.
Versus
THE PRINCIPAL COMMR. OF I.T. KOL.2, KOL. & ORS.
BEFORE:
The Hon'ble JUSTICE DIPANKAR DATTA
Date : 20th July, 2016.
Mr. N.K. Poddar, Sr. Adv. Appears with Mr. D. Mitra, Adv. And Mr. V. Tibrewal,
Adv. For petitioners.
Mr. S.B. Saraf, Adv. Appears for the respondents.
The Court : Having heard Mr. Poddar, learned Senior Advocate appearing for the petitioners, and Mr. Saraf, learned Advocate appearing for the respondents, and considering the fact that an appeal is pending before the respondent no.4 in respect of the assessment year 2008-09, the writ petition stands disposed of with a direction upon the said respondent to proceed in accordance with law for disposal of the appeal as early as possible, preferably within eight weeks from date of receipt of a copy of this order, subject to his convenience,.
There shall be stay of the impugned determination till such time the respondent no.4 considers the appeal for the first time. However, at the first hearing of the appeal by the respondent no.4, the petitioners shall be entitled to seek extension of stay by making an appropriate application. 2
It is made clear that no opinion has been expressed on merits of the petitioner's claim and that all the points are kept open for being urged before the respondent no.4. It is also made abundantly clear that the petitioners shall cooperate with the respondent no.4 to give effect to this order for early disposal of the appeal and shall not seek any unnecessary adjournment.
The writ petition, accordingly, stands disposed of without order for costs.
(DIPANKAR DATTA, J.) tk