JUDGEMENT
RAJESH BINDAL,J. -
(1.) THE only grouse raised by learned counsel for the petitioner is that
though it is provided for under the provisions of Punjab VAT Act, 2005
that the goods, if detained, are to be released on furnishing of surety
but the same have not been released.
Learned counsel for the State fairly submitted that the goods of the petitioner shall be released on furnishing surety.
(2.) AT this stage, learned counsel for the petitioner while referring to earlier orders passed by this court in Varinder Kumar & Co., Khanna and
another v. State of Punjab and others, (2000)16 PHT 486 (P&H); M/s.
Rachna Steel Corporation, Mandi Gobindgarh v. State of Punjab and
another, (2000)15 PHT 460 (P&H) and Osaw Agro Industries Pvt. Ltd. v.
State of Punjab and others, (2007)30 PHT 344 (P&H), submitted that
similar orders are being passed by the same officer causing unnecessary
harassment to the dealers and resulting in creation of avoidable
litigation. Earlier also, in Osaw Agro Industries Pvt. Ltd.'s case
(supra), the same officer had been burdened with costs of Rs. 10,000/- to
be recovered from him personally. Considering the fact that he has still
not corrected his way of working, costs be imposed upon him.
The stand of learned counsel for the State was that the officer was working in the best interest of the State and is one of the honest
officers.
(3.) AFTER considering the contentions raised by learned counsel for the parties, in our opinion, considering the conduct of the officer, who
dealt with the case of the petitioner in the manner which was
indefeasible and the State had to ultimately concede the relief prayed
for, the officer deserves to be burdened with costs of Rs. 25,000/-. The
amount shall initially be paid by the State, however, the same shall be
recovered from the officer.
The writ petition stands disposed of.
Petition disposed of.;
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