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2025 DAILYLAW 4086 (GAU)

PATEL ENGINEERING LTD. v. STATE OF AP

WP(C)/452/2010 · 2025-05-14

Budi Habung, Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC040000832010 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/452/2010 PATEL ENGINEERING LTD. PRESENLY AMONGST VARIOUS LOCATIONS WORKING AT KAMENG HYDRO ELECT. PROJECT, PACKAGE-I, II AND III, PO BHALUKPONG, WEST KAMENG DIST. AP VERSUS STATE OF AP REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPTT.OF FINANCE, GOVT.OF AP ITANAGAR 2:THE COMMISSIONER AND SECRETARY Age: 0 Occupation : DEPTT.OF LAW AND JUDICIAL GOVT. OF AP ITNAAGAR 3:THE COMMISSIONER OF GOOD TAX Age: 0 Occupation : GOVT. OF AP ITANAGAR 4:THE SUPERINTENDENT Age: 0 Occupation : GOODS TAX WEST KAMENG DISTT . BOMDILA AP 5:THE SUPERINTENDENT OF TAXES Age: 0 Occupation : BHALUKPONG CHECK POST Page No.# 2/3 A Advocate for the Petitioner : MrA Goyal, MrS Chetia,MsN Hawelai,MS.L Gope,MrDr. A Saraf Advocate for the Respondent : , ,GA,,,, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 15.05.2025 SK Medhi, J. Heard Shri D Soki, learned counsel for the petitioner, who submits that he has entered appearance recently as the earlier set of counsel have withdrawn. Also heard Shri N Ratan, learned Addl. AG, AP. The instant writ petition was filed challenging the vires of the Arunachal Pradesh Entry Tax Act, 2010. Shri Ratan, learned Addl. AG has, however, submitted that the Act in question has been repealed and therefore, nothing remains to be adjudicated. Shri Soki, learned counsel though endorses the aforesaid submission in principle, has further submitted that he has no specific instructions not to press this writ petition. He has also prayed for some time to seek instructions. We have considered the rival submission. Though time has been sought for on behalf of the petitioner, considering that this writ petition is pending since the year 2010 and on numerous occasions, time was granted on prayers made by the learned counsel for the petitioner, this Court is not inclined to grant any further time. In fact, when this matter was taken up yesterday i.e. 14.05.2025, the following order was passed: Page No.# 3/3 “A prayer for adjournment has been made on behalf of the petitioner. However, we have noticed that this writ petition is of the year 2010 and in the meantime, almost 15 (fifteen) years have passed. When the matter was taken up on last occasion i.e. 10.04.2025, there was none to represent the petitioner and this Court had observed that even on earlier 3 (three) occasions i.e. on 21.02.2024, 03.10.2024 and 04.10.2024, the petitioner was absent. This Court had also made the following observation on 10.04.2025: “…4. For ends of justice, the matter stands adjourned today. If the default continues on the next date of listing, adverse orders would follow.” Be that as it may and for the interest of justice, a day’s accommodation is granted, directing listing of this matter tomorrow i.e. on 15.05.2025 for Admission. It is made clear that no further adjournments would be granted in this matter, which is exceptionally old.” Considering that the Act in question has been repealed and a considerable period has elapsed, we are of the opinion that nothing remains to be adjudicated in this writ petition and accordingly, the same is dismissed. Interim order passed on 06.12.2010 stands vacated. JUDGE JUDGE Comparing Assistant