Hotel and Allied Traders Pvt.Ltd vs. The State of Karnataka
WP/112031/2014HC Karnataka09 Feb 2015
Bench: The Hon’Ble Mr.Justice A.N. Venugopala Gowda Writ Petition Nos.112031/2014 & Writ Petition No.100933/2015 (T-Res) Between Hotel & Allied Traders Pvt.Ltd. 317 A/4, Donibala, Om Beach, Gokarna, Kumta - 581 326 Karnataka, Represented Herein By Its General Manager Finance & Taxation, Jayakumar P.C. ...Petitioner (By Sri. Shriharsh A. Neelopant, Advocate) & 1. The State Of Karnataka, Represented By Its Commissioner Of Commercial Taxes, Bangalore. 2. The Deputy Commissioner Of Commercial Taxes, O/O The Joint Commissioner Of Commercial Taxes (Enf.), West Zone, Mangalore 3. The Deputy Commissioner Of Commercial Taxes, (Audit-3), Navanagar, Hubli.
Section 69(1)
…6 of the Constitution, the machinery created under the stature to be bypassed, and will leave the party applying to it to seek resort to the machinery so set up.” (emphasis supplied) 5. In COMMISSIONER OF INCOME TAX AND OTHERS VS. CHABBIL DASS AGARWAL, (2014) 1 SCC 603, it has been held that when a statutory forum is created by law for redressal of the grievances, writ petition should not be entertained ignoring the statutory dispensation. 6. Since the petitioners have the right to move the Appellate Authority and seek relief as against the rectification orders, as at Annexures-M and N, by leaving open all conten…