IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT APPEAL NO.3359 OF 2018 (T-RES) AND WRIT APPEAL Nos.21-31 OF 2019 BETWEEN:
M/s. Oriental Quarries and Mines Pvt. Ltd. No.717/2, first floor, flat No.2 Marigangappa layout Ramanagar 562 109 Represented by its Manager Sri Sandeep Aiyappa (By Shri Pavamana D.V. Advocate) AND:
1. State of Karnataka Represented by its Principal Secretary To Government Department of Finance Vidhana Soudha Bengaluru - 560 001 2. The Commissioner of Commercial Taxes Karnataka Vanijya Therige Karyalaya Gandhinagar ...Appellant Bengaluru 560 009 3. Joint Commissioner of Commercial Taxes DVO-2, represented by its Commercial Tax Officer (Audit)-2.2 VTK.II V Floor, 80 feet road Viveknagar Post, Koramangala Bangalore 560 047 (BY SMT ANITHA, N. HCGP FOR R1-R4) ...Respondents THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.3609 OF 2016 AND 6182-6192 OF 2016 DATED 07.11.2017 AND TO ALLOW THE WRIT PETITION.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS DAY, DEVADAS J., DELIVERED THE FOLLOWING:
J U D G M E N T Shri. Vikram Huilgol, the learned High Court Government Pleader draws our attention to order passed in Writ Appeal No.20 of 2018 and connected matters which were disposed of on 31st January, 2019. He submits that the present appeals are akin to writ appeal No.20 of 2018 and connected matters.
2. This Court disposed of Writ Appeal No.20 of 2018 and connected matters observing that in terms of the prayer made by the learned advocate for the appellant, four weeks’ time is granted to the appellant to file appeal in compliance with the order passed by the learned Single Judge, and if such appeal is filed, the Appellate Authority shall consider the same uninfluenced by Circular No.20 of 2013-14.
3. The learned High Court Government Pleader submits that similar orders are required to be passed in these appeals also. Accordingly, appeals are disposed of permitting the appellant to file appeal within a period of four weeks and if such appeal is filed, the Appellate Authority shall consider the same uninfluenced by Circular No.20/2013-14. Appeals are accordingly disposed of.
Sd/- JUDGE Sd/- JUDGE lnn