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2025 DAILYLAW 21596 (ALL)

M/S ROYAL STALLION v. STATE OF U.P AND 2 OTHERS

WTAX/1186/2025 · 2025-03-20

Kshitij Shailendra, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41718-DB Court No. - 40 Case :- WRIT TAX No. - 1186 of 2025 Petitioner :- M/s Royal Stallion Respondent :- State of U.P and 2 others Counsel for Petitioner :- Vedika Nath,Yashonidhi Shukla Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the parties. 2. This writ petition under Article 226 of the Constitution of India has been filed whereby the petitioner is aggrieved by an order dated 12.08.2024 passed by the respondent No.3-Deputy Commissioner. 3. Upon perusal of the writ petition, we find that the writ petition has been filed on 16.02.2025 after the time period for filing statutory appeal has lapsed. 4. No proper explanation has been provided by the petitioner for the delay in filing of the writ petition and the reason for non-filing of appeal. 5. It is noted that the writ jurisdiction is a discretionary jurisdiction wherein discretion has to be exercised judiciously. 6. It is also noted that the petitioner did not even reply to the show cause notice and, therefore, the order was passed which was duly uploaded in the additional tap of the GST Portal of the petitioner. 7. In the cases like this, where there are laches on the part of the writ petitioner and he has not filed statutory remedy within time, we do not find any reason to entertain such petition. Entertaining of such petitions would amount to opening of flood gates to litigants who are negligent and do not comply with the requirements as regards period of limitation prescribed under the Statute. 8. In light of the same, the writ petition is dismissed. Order Date :- 21.3.2025 Jyotsana (Kshitij Shailendra, J.) (Shekhar B. Saraf, J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad