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SRI RAM PANDEY versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Sri Ram Pandey v. State Of U.P. & Others - WRIT TAX No. 882 of 2003 [2003] RD-AH 257 (4 August 2003)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.34

Civil Misc. Writ Petition No.882 of 2003

Sri Ram Pandey ......... Petitioner

Versus

State of U.P. & Ors ......... Respondents

Hon. Dr. B.S. Chauhan, J.

Hon. D.P. Gupta, J.

Shri Ravindra Kumar appeared for Shri Virendra Chaubey, learned counsel for the petitioner.

This writ petition has been filed against the citation dated 16.04.2003.

Learned Standing Counsel has raised preliminary objection regarding the maintainability of the writ petition contending that the matter relates to the assessment under the provisions of U.P. Trade Tax Act, 1948 and it is not permissible under the law to challenge the consequential order without challenging the basic order of assessment. Otherwise also, it is not permissible to challenge the order of assessment in writ for the reason that the order of assessment is appellable before the Deputy Commissioner, Trade Tax and a second appeal is provided before the Trade Tax Appellate Tribunal.

In view of the preliminary objection raised by the learned Standing Counsel and particularly in view of the fact that writ does not lie against the consequential order without challenging the basic order and the basic order of assessment is not on the record and even otherwise the same is appellable, we are not inclined to interfere with the impugned citation. The writ petition is accordingly dismissed.

However, the petitioner, if so advised, may approach the appellate forum and get the appropriate relief.

04.08.2003

AHA


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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