IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14447 of 2007
M/S RIGA SUGAR COMPANY LTD.
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.13636 of 2007
M/S UPPER GANGES SUPER & INDUS
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.13998 of 2007
M/S M.P.CHINI INDUSTRIES LTD.
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.14448 of 2007
M/S VISHNU SUGAR MILLS LTD.
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.2744 of 2008
M/S HARINAGAR SUGAR MILLS LTD.
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.10360 of 2008
WIRELESS TT-INFO SERVICES LTD.
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.10516 of 2008
TATA TELESERVICES LTD. & ANR
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.13440 of 2008
M/S HARINAGAR SUGAR MILLS LTD.
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.14097 of 2008
TATA TELESERVICES LIMITED &ANR
Versus
2
THE STATE OF BIHAR & ORS
with
CWJC No.14284 of 2008
WIRELESS TT-INFO SERVICES LTD.
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.15655 of 2008
M/S RIGA SUGAR COMPANY LTD.
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.773 of 2009
SK.NASRIUDDNI BIRI MERCHANTS P
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.1847 of 2009
NEW SWADESHI SUGAR MILLS
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.18234 of 2009
M/S VISHNU SUGAR MILLS LTD.
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.18625 of 2009
M/S M.P.CHINI INDUSTRIES LTD.
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.898 of 2010
UPPER GANGES SUGAR & INDUSTRIE
Versus
THE STATE OF BIHAR & ORS
-----------
CWJC No.10360 of 2008
CWJC No.10516 of 2008
CWJC No.14097 of 2008
CWJC No.14284 of 2008
For petitioners:- Mr. S.K. Kapoor, Sr Advocate
Mr. Atish Ghosh, Advocate
Mr. Sandip Sanyal, Advocate
Mr. Manoj Kumar Sinha, Advocate
3
CWJC No.14447 of 2007
CWJC No.13636 of 2007
CWJC No.13998 of 2007
CWJC No.14448 of 2007
CWJC No.2744 of 2008
CWJC No.13440 of 2008
CWJC No.15655 of 2008
CWJC No.1847 of 2009
CWJC No.18234 of 2009
CWJC No.18625 of 2009
CWJC No.898 of 2010
For petitioners:- Mr. Ramesh Kumar Agrwal, Advocate
Mr. Anupa Nand Jha, Advocate.
For the State:- Mr. Lalit Kishore, AAG-1
——————–
29. 17-Jan-2011 All these writ petitions are admitted for hearing
along with CWJC No. 7119 of 2009 and analogous case
which also involve the validity of Entry Tax Act.
Since the respondents are represented by learned
counsel for the State no notice need be issued to them.
Since in similar matters the respondents have
been given opportunity to file counter affidavit by order
passed in the year 2009, here also the same liberty is
granted but that should be done within two months.
Learned senior counsel for the petitioners in some
of the cases, particularly those filed on behalf of Tata
Teleservices Ltd and Wireless TT-Info Services Ltd
pressed for interim relief.
The prayer for interim relief, we are afraid has to
be rejected because such relief has not been granted in
cases pending from before and admitted for hearing. The
4
prayer is mainly on account of delay in disposal of these
cases which have been adjourned from time to time
awaiting judgment of the Hon’ble Supreme Court in
cases involving validity of Entry Tax. The submission
that at least adjustment be made of the amount of Entry
Tax approximately Rs. 6.5 Crores deposited by M/S Tata
Teleservices Ltd prior to the period 28.08.2006 is based
upon a judgment of a Division Bench of this Court in the
case of M/s Indian Oil Corporation Limited. In that case
no relief for refund or adjustment was granted by the
Division Bench because the matter was pending in the
Supreme Court. The position continues to be the same.
In that view of the matter, relief to which petitioners may
be entitled shall be considered at the time of final
hearing.
The parties are given liberty to mention for early
hearing of these cases specially after disposal of the
similar matter by the Hon’ble Apex Court.
(Shiva Kirti Singh, J.)
(Dr. Ravi Ranjan, J.)
perwez