IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.23733/2018 (T – RES) BETWEEN:
M/s CANARA INTERLOCKS & DESIGNER TILES PLOT NO.413/A, INDUSTRIAL AREA BAIKAMPADY, MANGALURU-575001 REP BY ITS PARTNER SHRI NAZEEM ... PETITIONER [BY SRI ANIL KUMAR B., ADV.] AND:
1 . STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA BANGALORE - 560 001.
2 . THE COMISSIONER OF COMMERCIAL TAXES IN KARNATAKA VANIJYA THERIGE KARYALAYA GANDHINAGAR, BANGALORE - 560 009.
3 . THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (AUDIT-4) D.V.O., VANIJYA THERIGE BHAVAN MAIDAN ROAD, MANGALURU-575001. …RESPONDENTS [BY SRI T.K.VEDAMURTHY, AGA.] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER No.223391019 DATED 27.02.2018 PASSED BY RESPONDENT No.3 VIDE ANNEXURE-A TO THE WRIT PETITION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the parties submit ad idem that the subject matter involved in this writ petition is squarely covered by the decision of this Court in W.P.No.33020/2018 and allied matters disposed of on 04.07.2019 and accordingly, the present writ petition deserves to be disposed of, in similar terms.
2. In view of the aforesaid, the writ petition stands disposed of in terms of the order referred to above with liberty to the petitioner to approach the statutory Authorities and produce any additional evidence in support of their claim. If such statutory appeal is filed within a period of four weeks from the date of receipt of certified copy of this order, the appellate Authority shall consider the same on merits without being influenced by the decision of the division bench of this Court in the case of The Asst. Commissioner, Mangalore and others vs. M/s. H.H. Cement Products and others in Writ Appeal No.5798/2011 and allied matters (D.D.23.03.2016), as directed by the Hon’ble Apex Court and shall decide the matter in accordance with law in an expedite manner.
Sd/- JUDGE PMR