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2025 DAILYLAW 71544 (ALL)

ANIMESH MITTAL v. STATE OF UTTAR PRADESH AND ANOTHER

WPIL/1740/2025 · 2025-07-10

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:111113-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1740 of 2025 Petitioner :- Animesh Mittal Respondent :- State of Uttar Pradesh and another Counsel for Petitioner :- Mohd Haider, Vishesh Rajvanshi Counsel for Respondent :- C.S.C., A.K. Goyal (A.C.S.C.) Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This petition, purportedly in public interest, has been filed by the petitioner seeking to question the validity of order dated 09.05.2025 issued by the Additional Commissioner (Law), State Tax, Uttar Pradesh addressed to Additional Commissioner, State Tax, Gautam Budh Nagar and all Zonal Additional Commissioners, State Tax, Uttar Pradesh, requiring them to send charge sheets in cases where the appellate authorities have passed orders without any legal basis or with mala fide intentions. 2. The petitioner, an Advocate and claiming himself to be a social activist, has challenged the same based on the parameters of 'independence of judiciary' by referring to the judgments of Hon'ble Supreme Court in this regard. 3. Having gone through the plea sought to be raised, it is apparent that qua the order impugned, the officers concerned apparently may have grievance, however, filing of the PIL, by an Advocate in this regard, does not answer the parameters as laid down by Hon'ble Supreme Court in the case of State of Uttaranchal Vs. Balwant Singh Chaufal & Ors. : 2010 AIR SCW 1029. 4. Besides the above, filing the petition on the parameters of independence of judiciary qua the administrative appellate authorities under the provisions of the UPGST Act, 2017 even otherwise, cannot be countenanced. 5. The petition has no substance, the same is therefore, dismissed. Order Date :- 11.7.2025 AHA/Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad