ORDER : MURAHARI SRI RAMAN, J. 1. The petitioner by way of filing this writ petition beseeches to exercise power of extraordinary jurisdiction under the provisions of Articles 226 and 227 of the Constitution of India with the following prayer(s): “The petitioner, therefore, prays that your Lordships would be graciously pleased to admit this writ petition, call for the records, and after hearing the parties, allow the same, issue writ/writs in the nature of certiorari/mandamus and/or any other further writ/direction to quash actions of the 2 nd Opposite Party by way of passing the adjudication order passed without the opportunity of personal hearing in contravention of provisions of Section 75(4) of CGST/OGST Act, 2017 and in violation of principals of natural justice. The petitioner, therefore, prays that your Lordships would be graciously pleased to admit this writ petition, call for the records, and after hearing the parties, allow the same, issue writ/writs in the nature of certiorari/mandamus and/or any other further writ/direction to quash actions of the 1 st Opposite Party by way of passing the Impugned Appeal Order passed in Form GST APL 04 vide Ref No.ZD211123017594W dated 21.11.2023, as arbitrary, unconstitutional and contrary to various precedents laid down in the subject matter and violative of Article 14, 300A and Article 19(1)(g) of the Constitution of India; And further be pleased to pass any other order/orders to quash the impugned actions of the 1 st Opposite Party by way of Order vide Ref No.ZD210425019817H dated 30.04.2025 rejecting the application for rectification dated 16.12.2023 without providing the opportunity of personal hearing and without considering the submission of the Petitioner arbitrary, unconstitutional, unreasonable, contrary to Section 161 of the OGST/CGST Act, 2017 and violative of principles of natural justice; And further be pleased to pass any other order/orders as may be deemed just and proper; And for this act of kindness, the petitioner shall as in duty bound, ever pray.” 2. The petitioner, a private limited company, engaged in the business of works contract and is rendering construction works. Pursuant to the notice issued in Form GST ASMT-10, dated 24 th May, 2021 by the Deputy Commissioner of State Tax, CT & GST Circle, Keonjhar, Odisha-opposite party no.2, the petitioner has furnished reply in Form ASMT-11, dated 16 th August, 2021. 2.1. Pursuant to the notice issued in Form GST ASMT-10, dated 24 th May, 2021 by the Deputy Commissioner of State Tax, CT & GST Circle, Keonjhar, Odisha-opposite party no.2, the petitioner has furnished reply in Form ASMT-11, dated 16 th August, 2021. 2.1. The opposite party no.2 further issued show-cause notice in Form GST DRC-01, dated 9 th September, 2022 contemplating demand of IGST with interest under Section 50 and impose penalty by instituting proceeding under Section 73 of the Odisha Goods and Services Tax Act, 2017/the Central Goods and Services Tax Act, 2017 (collectively, “the GST Act”). Vide order dated 26 th October, 2022 in Form GST DRC-07 the authority has confirmed that the tax demand of Rs.70,96,023/- along with interest and penalty. 2.2. Being aggrieved by the order dated 26 th October, 2022 passed by opposite party no.2, on 25 th January, 2023 the petitioner preferred an appeal under Section 107 of the GST Act in Form GST APL-01 before the Additional Commissioner of State Tax (Appeal), State Division, Cuttack-opposite party no.1, which was admitted by the opposite party no.1 on 24 th April, 2023. Though the opposite party no.1 provided ample opportunities of hearing to the petitioner, none appeared before the authority concerned on 7 th November, 2023. 2.3. The opposite party no.1 vide order dated 21 st November, 2023 in Form GST APL-04 by upholding the Order-in-Original, dated 26 th October, 2022 passed by the opposite party no.2, confirmed the demand of Rs.70,96,023/- along with interest and penalty. Challenging said order, the petitioner filed an application on 16 th November, 2023 for rectification of mistake under the provisions of Section 161 of the GST Act, which was rejected vide order dated 30 th April, 2025. However, in the meantime, the petitioner has paid an amount of Rs.14,77,682/- in respect of the adjudication order dated 26 th October, 2022. 2.4. At this stage, the petitioner has approached this Court by way of filing this instant writ petition seeking to show indulgence. 3. Learned counsel appearing for the petitioner submitted that the opposite party no.2 before passing the Order-in-Original in Form GST DRC-07, dated 26 th October, 2022, having not afforded an opportunity of hearing to the petitioner, fell gross error of violation of principles of natural justice as also violation of the provisions of Section 75(4) of the GST Act. 3. Learned counsel appearing for the petitioner submitted that the opposite party no.2 before passing the Order-in-Original in Form GST DRC-07, dated 26 th October, 2022, having not afforded an opportunity of hearing to the petitioner, fell gross error of violation of principles of natural justice as also violation of the provisions of Section 75(4) of the GST Act. He further submitted that the Section 75(4) of the GST Act clearly lays down that an opportunity of hearing is required to be granted to the person chargeable with tax whenever any adverse decision is contemplated. 3.1. Therefore, the order passed by opposite party no.2 is not only bad in law, but also smacks arbitrariness and contrary to the settled principles of law and, therefore, it is prayed that the order(s) requires to be declared non est as it violates the principles of natural justice. 4. At this stage, Mr. Sunil Mishra, learned Standing Counsel for the CT & GST Department strongly opposing the contention of the learned Advocate appearing for the petitioner submitted that once the petitioner has chosen to avail alternative remedy provided under the GST Act by filing appeal, in the event of dismissal of appeal, he could not abandon the method and procedure prescribed for challenging the said appellate order. This writ petition is not entertainable inasmuch as the petitioner has approached this Court by circumventing statutory provisions. 5. Heard learned counsel for the petitioner and learned Standing Counsel for the CT and GST Department. 6. Perused the record. 7. Having found that the contentions raised by the learned counsel for the petitioner can very well be taken as grounds of appeal before the Goods and Services Appellate Tribunal under Section 112 of the GST Act, this Court without expressing any opinion on the merit of the matter wishes to relegate the Petitioner to avail the alternative remedy. 7.1. 7. Having found that the contentions raised by the learned counsel for the petitioner can very well be taken as grounds of appeal before the Goods and Services Appellate Tribunal under Section 112 of the GST Act, this Court without expressing any opinion on the merit of the matter wishes to relegate the Petitioner to avail the alternative remedy. 7.1. It would be apposite to quote Section 107(8) of the GST Act, which runs thus: “(8) No appeal shall be filed under sub-section (1), unless the appellant has paid— (a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him, and (b) a sum, equal to ten per cent of the remaining amount of tax in dispute, in addition to the amount paid under sub-section (6) of Section 107, arising from the said order, subject to a maximum of twenty crore rupees, in relation to which the appeal has been filed.” 7.2. It has been brought to our notice that the Department of Revenue, Ministry of Finance issued a notification being S.O. No.4220(E) dated 17 th September, 2025 providing an opportunity to an aggrieved person to file an appeal in exercise of the powers conferred by sub-section (1) of Section 112 of the Central Goods and Services Tax Act, 2017 in the following: “In exercise of the powers conferred by sub-section(1) of Section 112 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Government, on the recommendations of the Council, hereby notifies the 30 th day of June, 2026, as the date up to which appeal may be filed by the Appellate Tribunal under this Act in respect of all cases where the order sought to be appealed against is communicated to the person preferring the appeal before the 1 st day of April, 2026 and all appeals in respect of order communicated on or after 1 st April, 2026 may be filed before the Appellate Tribunal within three months from the date on which such order is communicated to the person preferring the appeal.” 7.3. Apropos the same and in order to facilitate smooth filing of an appeal before the said Tribunal, a ‘User Advisor for the GSTAT e-Filing Portal’ is also issued by the authorities containing the timeline within which the appeal can be filed before the GSTAT in the following: “User Advisory for the GSTAT E-Filing Portal Please note that this advisory is only a snapshot for the entire appeal filing process. For detailed understanding and in order to have a seamless experience on the portal, users are advised to refer to the E-filing user manual, FAQs and user videos. Important Timelines Staggered Filing Period (Until December 31 st , 2025):- The filing window for second appeals filing is based on staggering of the ARN/CRN of first appeal filed in APL-01/03 before the Appellate Authority or the notice in RVN-01 issued by the Revisional Authority. The system first validates the ARN/CRN date and only upon successful validation of the date of the ARN/CRN of the APL-01/APL-03/RVN-01, the appellant can proceed further to Login/Registration. The schedule for filing is as follows: TABLE Sl. No. Period of filing appeal in Form APL-01 or APL-03 under section 107 of the Act or issuance of notice in Form RVN-01 in terms of section 108 of the Act. The schedule for filing is as follows: TABLE Sl. No. Period of filing appeal in Form APL-01 or APL-03 under section 107 of the Act or issuance of notice in Form RVN-01 in terms of section 108 of the Act. Period during which the appeal under section 112 of the Act before the GSTAT may be filed 1 Such orders of the Appellate authorities or revisional authorities sought to be appealed before the appellate tribunal where the Appeal in Form GST APL-01 or GST APL-03 or notice in Form GST RVN-01 filed or, as the case may be, issued on the common portal on or before 31.01.2022 Period commencing on 24.09.2025 and ending on 31.10.2025 or any date succeeding such date being not later than 30.06.2026 2 Such orders of the Appellate authorities or revisional authorities sought to be appealed before the appellate tribunal where the Appeal in Form GST APL-01 or GST APL-03 or notice in Form GST RVN-01 filed or, as the case may be, issued on the common portal on or after 01.02.2022 but on or before 28.02.2023 Period commencing on 01.11.2025 and ending on 30.11.2025 or any date succeeding such date being not later than 30.06.2026 3 Such orders of the Appellate authorities or revisional authorities sought to be appealed before the appellate tribunal where the Appeal in Form GST APL-01 or GST APL-03 or notice in Form GST RVN-01 filed or, as the case may be issued on the common portal on or after 01.03.2023 but on or before 31.01.2024 Period commencing on 01.12.2025 and ending on 31.12.2025 or any date succeeding such date being not later than 30.06.2026 4 Such orders of the Appellate authorities or revisional authorities sought to be appealed before the appellate tribunal where the Appeal in Form GST APL-01 or GST APL-03 or notice in Form CST RVN-01 filed or, as the case may be, issued on the common portal on or after 01.02.2024 but on or before 31.05.2024 Period commencing on 01.01.2026 and ending on 31.01.2026 or any date succeeding such date being not later than 30.06.2026 5 Such orders of the Appellate authorities or revisional authorities sought to be appealed before the appellate tribunal where the Appeal in Form GST APL-01 or GST APL-03 or notice in Form GST RVN-01 filed or, as the case may be, issued on the common portal on or after 01.06.2024 but on or before 31.03.2026 Period commencing on 01.02.2026 or any date succeeding such date being not later than 30.06.2026 It may be noted that if an appeal before the GSTAT relating to any ARN/CRN could not be filed within the window GST RVN-01 filed or, as the case may be, issued on the common portal on or after 01.06.2024 but on or before 31.03.2026 Period commencing on 01.02.2026 or any date succeeding such date being not later than 30.06.2026 It may be noted that if an appeal before the GSTAT relating to any ARN/CRN could not be filed within the window scheduled for it, the appellant can still come on any subsequent date but before 30 th June, 2026. It may further be noted that appeals before the GSTAT against any order of the appellate/revisional authority in APL-04 that has been communicated on or after 1 st April, 2026 shall have to filed before the appellate Tribunal within three months of the order of APL-04 being communicated. Appeals before the GSTAT in cases where the appeal in APL-01/03 or notices in RVN-01 are not available in the GSTN system: for all the Appeals filed before the Appellate authority or notices of the Revisional authority where the ARN/CRN is not available in the GSTN system, the filing window will open from the midnight of 31 st December 2025 and will expire on June 30.2026. Thus, users are strongly advised not to hurry since more than sufficient time has been provided for filing appeals before the GSTAT wherever the orders in APL-04 have been issued on or before 31 st March 2026. ***” 7.4. It is also brought to the notice that certain modifications are made by Order dated 24.09.2025 of the President, GST Appellate Tribunal and said Order has been revoked with following Order dated 16.12.2025: “Now, therefore, in exercise of the powers conferred by Rule 123 of the aforesaid Rules (Goods and Services Tax Appellate Tribunal (Procedure) Rules, 2025), the undersigned is pleased to revoke the Order dated 24.09.2025 with effect from 18.12.2025. This revocation shall not impugn the validity of any appeals lodged pursuant to the prior order before 18.12.2025. This order is without prejudice to the powers of the Appellate Tribunal under Section 112 of the Central Goods and Services Tax Act, 2017.” 7.5. It is no longer res integra that the Writ Court can be approached assailing an order for which the forum of appeal is provided and the same is entertainable in the event the forum is not made functional or constituted as the person cannot be rendered remediless. It is no longer res integra that the Writ Court can be approached assailing an order for which the forum of appeal is provided and the same is entertainable in the event the forum is not made functional or constituted as the person cannot be rendered remediless. Equally it is true that if conditions are attached to filing an appeal before such forum, the Writ Court shall ensure strict compliance thereof as a person cannot steal a march taking a shelter that there is no inhibition in the writ Court in entertaining the writ petition and passing an order taking departure from the said statutory provision. 7.6. Since the forum has already been provided in the statute, which is now made functional and the period for filing the appeal has been specified in the above Notification/Circular/Order, it would not be proper for the Writ Court to keep such writ petitions pending as the dispute raised by the petitioner in the instant writ petition can be adjudicated by the said forum and, therefore, the writ petition is disposed of with the following directions: I. The petitioner is directed to deposit the amount if not already deposited, as required under sub-section (8) of Section 112 of the GST Act before the Goods and Services Tax Appellate Tribunal to file the appeal within the period specified above. II. The petitioner, as undertaken, shall file appeal as per the timeline given above and in the “User Advisor for the GSTAT e-Filing Portal”. III. In the event the appeal is filed and the same is found to be in order as per the requirement of Section 112 of the GST Act read with relevant Rules framed thereunder, the same shall be entertained by the Goods and Services Tax Appellate Tribunal. 8. This Court makes it clear that we have not expressed any opinion on the merits on the Orders impugned in the writ petition. As a result of disposal of the writ petition, pending Interlocutory Application(s), if any, shall stand disposed of.