TIRUPATI ENTERPRISES Vs. STATE OF UP

JUDGEMENT

(1.) Sri H.P. Srivastava, learned Additional Chief Standing Counsel, submits that no useful purpose would be served by keeping the writ petition pending as the Writ Petition No. 2686 (M/B) of 2008 in which interim order has been granted is pending consideration, to which Sri Akhilesh Kalra has no objection and has consented for disposal of the writ petition at the admission stage itself. Heard Sri Akhilesh Kalra, learned counsel for the petitioner and Sri H.P. Srivastava, learned Additional Chief Standing Counsel.

(2.) Petitioner No. 1-M/s. Tirupati Enterprises is dealer and is engaged in the trading of sugar in wholesale by purchasing the same from the manufacturers of sugar and thereafter sells the same to retail dealers, whereas petitioner No. 2 is the proprietor/partner of petitioner No. 1.

(3.) In short, the grievance of the petitioners is that the respondents are seizing the sugar of dealers including the petitioner on the pretext that they are liable for entry tax to the manufacturer of sugar or the taxing Department and for releasing the same, the petitioners have to furnish an undertaking in view of notification dated May 20, 2005.