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[Cites 1, Cited by 24]

Calcutta High Court (Appellete Side)

Shop Owners' Association vs Union Of India & Ors on 27 January, 2014

Author: Harish Tandon

Bench: Harish Tandon

                                       1



     27.01.2014                       W.P. 27 (W) of 2014

                                  West Bengal Foreign Liquor "Off" and "On"
                                         Shop Owners' Association
                                                    -vs-
                                            Union of India & Ors


                  Mr. Sadhan Roychowdhury
                  Mr. Sunil Kumar Chakraborty                  ... For Petitioner


                                Service     was     effected     on   the   learned
                  Additional Central Government Counsel. But there is no
                  representation when the matter is taken up.
                                The petitioner was directed to serve copy of
                  this writ application upon the respective respondents.

Affidavit-of-service, filed today, shows that service has been effected upon the respondents. Despite service there is no appearance on their behalf.

ac On perusal of the relief claimed in this writ petition this Court finds that vires of Section 65 (zzzzv) of the Finance Act as well as the notification No. 3 of 2013 is challenged in this writ petition. A supplementary affidavit, to that effect, is filed. This Court, therefore, feels that the Attorney General of India is required to be served.

Accordingly, the petitioner is directed to serve copy of the writ petition, along with a copy of the supplementary affidavit, upon the Attorney General of India by speed post indicating that this matter shall appear in the supplementary list under the heading 'Listed Motion' on 10th February 2014.

Till 10th of February 2014 the respondent authorities are restrained from taking any coercive measures under the aforesaid notification.

Put up the matter as directed.

(Harish Tandon, J.)