High CourtsDivision Bench(2012) 08 MP CK 0249

Frontier Construction Company vs State of M.P.

Madhya Pradesh High Court · Decided on 8 August 2012

HON’BLE JUDGES
U.C. Maheshwari, J · Brij Kishore Dube, J
CASE NUMBER
Writ Petition No. 5129 of 2012

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Judgment

10 paragraphs · 402 words
1.

With the permission of the Court, the petitioner''s counsel has corrected the number of Annexure P-7 by replacing the number Annexure P-8 in Clause (i) of para 7 of the petition. The same is certified accordingly.

2.

Heard on the question of admission.

3.

The petitioner- assessee has filed this writ petition for grant of stay against operation of the recovery notice, Annexure P-8 till disposal of his pending revision, (Annexure P-6) pending before the revisional authority of the respondents. Besides this the prayer to restrain the respondents authorities from initiating any coercive measure for recovery of such amount is also made.

4.

In the course of arguments in the available scenario of the matter on asking the petitioner''s counsel regarding the present status of aforesaid pending revision, on which he submits that same is still pending before the revisional authority and inspite making the request efforts the hearing of the same has not been expedited by such authority.

5.

In view of such submission on asking the learned Dy. Advocate General whether he has any objection in disposing of the petition with appropriate direction to the revisional authority to take an endeavour to hear and adjudicate the aforesaid revision on some early date on which he fairly submits that he did not have any objection in disposing of the petition with aforesaid direction to the revisional authority.

6.

In view of aforesaid without entering on any merits of this petition, the same is disposed of with the direction to the respondents revisional authority to take an endeavour to hear and adjudicate the aforesaid revision (Annexure P-6) on merits within 30 days from the date of receiving the copy of this order in accordance with the procedure prescribed under the law, so also under intimation to this court.

7.

The respondent authority shall comply with the aforesaid direction only if such revision is pending for its final disposal.

8.

Considering the prayer of the counsel the respective parties of this petition are directed to remain present before the Revisional Authority firstly on dated 30.8.2012 and also on subsequent dates so fixed by such authority to assistant such authority to adjudicate the revision in accordance with the aforesaid direction.

9.

The petitioner''s counsel is directed to file certified copy of this order before the revisional authority on or before 30.8.2012.

10.

The petition is disposed of as indicated above. C c today.