Court No. - 1
Case :- WRIT TAX No. - 734 of 2019 Petitioner :- Kameshwar Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Murtuza Ali Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Murtuza Ali, learned counsel for the petitioner and Sri B.P.Singh Kachhawah, learned Standing Counsel for all the respondents.
The present writ petition has been filed against the impugned order dated 27.05.2019 as well as advertisement dated 28.05.2019 issued by the Collector/Licensing Authority, Sant Kabir Nagar.
Learned counsel for the petitioner submits that the petitioner has filed an excise appeal before the Excise Commissioner, since the said court is vacant, therefore, the appeal could not be heard in near future. Hence, this writ petition.
Sri B.P.Singh Kachhawah, learned Standing Counsel has produced a copy of the instructions today, which is taken on record. On the basis of instructions, he has informed the Court that the Court of Excise Commissioner is not vacant and the next date i.e. 18.06.2019 is fixed in the said appeal, but the fact that the excise appeal filed by the petitioner is pending before the said Court, which is vacant, has been wrongly and incorrectly mentioned in paragraph 24 of the writ petition.
Upon a query made by the Court as to why the false affidavit has been filed, learned counsel for the petitioner could not give any satisfactory reply with regard to the said false averment and has tendered his oral unconditional apology as also on behalf of the petitioner and has made a request to the Court to dismiss the writ petition as having become infructuous.
In view of the facts and circumstances of the case and taking into account his request, the instant writ petition is dismissed as infructuous.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Lbm/-