M/S RPS INFRASTRUCTURE LTD FARIDABAD v. STATE OF HARYANA AND ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. 2397 of 2016 (O&M) Decided on : 05.02.2016.

M/s RPS Infrastructure Ltd., Faridabad . . . Appellant

PRESENT: Mr. Rajiv Agnihotri, Advocate for the petitioner.

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AJAY KUMAR MITTAL, J. (Oral)

The challenge in this writ petition filed under Articles 226/227

of the Constitution of India, is to the impugned order dated 01.09.2015

(Annexure P3) passed by respondent No.3 i.e. Deputy Excise & Taxation

Commissioner-cum-Revisional Authority, Faridabad (East) as being without

jurisdiction.

2. It was not disputed that the impugned order (Annexure P3) is

an appealable order and the appeal is maintainable before the Haryana VAT

Tribunal.

3. After arguing for sometime, learned counsel for the petitioner

submitted that he may be allowed to withdraw the present writ petition with

liberty to file an appeal before the Tribunal.

4. Dismissed as withdrawn. It shall, however, be open to the

petitioner to take recourse to the remedies as may be available to it, in

accordance with law.

(AJAY KUMAR MITTAL) JUDGE

(RAJ RAHUL GARG) February 05, 2016 JUDGE smriti

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