Allahabad High Court
M/S Maa Vindhyavasini Tobacco Pvt. Ltd. vs State Of U.P. And 2 Others on 5 August, 2021
Bench: Naheed Ara Moonis, Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- WRIT TAX No. - 942 of 2019 Petitioner :- M/S Maa Vindhyavasini Tobacco Pvt. Ltd. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohan Gupta,Atul Krishna,Sameer Gupta Counsel for Respondent :- C.S.C. Hon'ble Naheed Ara Moonis,J.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rohan Gupta, learned counsel for the petitioner and Sri C.B. Tripathi, learned Special Counsel appearing for the revenue.
2. At the outset, Sri C.B. Tripathi, learned Special Counsel appearing for the revenue has placed reliance on order dated 26.07.2021 passed in Writ Tax No. 402 of 2018. It reads as under :
"1. Heard Sri Arnab Banerji alongwith Sri Santosh Kumar Mishra, learned counsel for the petitioner and Sri C.B. Tripathi, learned Special Counsel appearing for the State of U.P.
2. At the outset, Sri C.B. Tripathi, learned Special Counsel appearing for the State of U.P. has placed on record a copy of the affidavit filed by the State in Special Leave Petition (C) No. 25291 of 2019 wherein by means of paragraph no.10 of the affidavit, details of 306 writ petitions filed and pending (as on date of the filing of the affidavit) before this Court has been given. Then, reliance has been placed on the order passed by the Supreme Court taking note of the facts stated in that order, being order dated 22.11.2019, wherein it was observed as under:
"In view of this order, all the Writ Petitions pending before the High Court, list whereof has been furnished in the affidavit are deemed to have been disposed of accordingly. We have passed this common order to cover all cases of seizure during the relevant period, to obviate inconsistency in application of Law and also to do away with multiple appeals required to be filed by the State/assessee to assail the unstatable orders/directions passed by the High Court in subject writ petition(s) referred to in the affidavit filed by the State before this Court."
3. In view of such facts, the present proceedings are found to have been terminated by the Supreme Court.
4. Accordingly, present petition be consigned to record."
3. Sri Rohan Gupta, learned counsel for the petitioner prays that the petitioner may be permitted to institute and/or pursue the statutory remedy of appeal against the order impugned in the present petition.
4. Sri C.B. Tripathi, learned Special Counsel for the revenue states that the revenue would have no objection to the same, if that remedy has been or is availed in accordance with law.
5. In view of such facts, the present proceedings are found to have been terminated by the Supreme Court.
6. Accordingly, present petition be consigned to record, at this stage.
Order Date :- 5.8.2021 M. Tariq