Calcutta High Court
Sambhu Prasad Agarwal vs The State Of West Bengal & Ors on 22 August, 2014
Author: I. P. Mukerji
Bench: I. P. Mukerji
WP No. 784 of 2014
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SAMBHU PRASAD AGARWAL
Versus
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date: 22nd August 2014.
The Court: This writ petition challenges the vires of the West Bengal Tax on Entry of Goods into Local Areas Act, 2012.
Earlier another writ application with the same cause of action was filed in this Court. Indira Banerjee, J. by a judgement and order dated 24th June, 2013 declared the Act to be ultra vires the Constitution. An appeal from the said order is pending before a Division Bench of this Court (MAT No.1107 of 2013).
In that view of the matter, this writ application is admitted.
Let affidavits be exchanged according to the following directions:
Affidavit in opposition be filed by 2nd September 2014. List this application on 25th September, 2014. Affidavit in reply may be filed in the meantime.
Liberty is granted to the writ petitioner to approach the Hon'ble Division Bench for passing appropriate orders so that this application may be tagged along with the above pending application.2
Considering the order of the Bench presided over by the Hon'ble the Chief Justice dated 31st July 2013 in the Tata Steel Ltd. matter and the order of a learned Single Judge dated 24th December 2013 in the Tata Metaliks Ltd. matter, I direct that the assessment may proceed. No further steps be taken without the leave of this Court.
Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
( I. P. MUKERJI, J. ) pkd.
A.R.(CR)