M/S SHIKHAR PRINT-N-PACKS v. THE STATE OF UTTAR PRADESH
WTAX/2163/2026 · 2026-04-19
Piyush Agrawal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 744 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 744 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT TAX No. - 2163 of 2026 Court No. - 7 HON'BLE PIYUSH AGRAWAL, J.
1. Heard learned counsel for the petitioner(s) and learned Standing Counsel for the State - respondents.
2. At the very outset, learned Standing Counsel raises a preliminary objection with regard to maintainability of the writ petition by submitting that now, the Central Government, vide order dated 24.09.2025, has constituted the GST Appellate Tribunal and its Members have also been appointed vide Office Order No. 03/2025 dated 26.12.2025 with a request to join their respective Benches by 21.01.2026.
3. He further submits that the Central Government, in exercise of powers conferred under section 111 of the GST Act, issued notification dated 24.04.2025 making rules for regulating the procedure and functioning of the GST Appellate Tribunal and therefore, against the impugned order, the petitioner has equally, efficacious alternative remedy of preferring an appeal before the GST Appellate Tribunal.
4. Learned counsel for the petitioner does not dispute the said fact.
5. In view of the above as well as the judgements of the Apex Court in United Bank of India Vs. Satyawati Tondon & Others [(2010) 8 SCC 110] (paragraph no. 43), Radha Krishan Industries Vs. State of Himachal Pradesh & Others [(2021) 6 SCC 771] (paragraph nos. 27.3 and 27.5) and Varimadugu Obi Reddy Vs. B. Sreenivasulu & Others [(2023) 2 SCC 168] (paragraph no. 36), the writ petition is dismissed on the ground of alternative remedy. April 20, 2026 Rahul Dwivedi/- Versus Counsel for Petitioner(s) : Deepanshu Sharma Counsel for Respondent(s) : C.S.C. (Piyush Agrawal,J.) M/S Shikhar Print-N-Packs .....Petitioner(s) The State Of Uttar Pradesh .....Respondent(s) Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad