Back
2000 Supreme(SC) 76
2000(6) Supreme 347
SUPREME COURT OF INDIA
S.P. Bharucha, R.C. Lahoti & N. Santosh Hegde, JJ.
Trade Tax Officer, Gorakhpur, U.P. etc. -Appellant
versus
M/s. Roadways India etc. -Respondent
Civil Appeal Nos. 7437-7438 of 1997
With
C.A. Nos. 7513 of 1997 and 7514-16 of 1997
Decided on 12-1-2000
Headnote:Constitution of India-Article 226-Writ petition-Maintainability of-Issue relate to resolution of dispute as to manner in which motor vehicles were used-Question of facts involved-Writ petition not appropriate-High Court not correct in entertaining writ petition-Writ petition dismissed. (Para 1)
ORDER
These writ petitions ought not to have been entertained by the High Court. Questions of facts were obviously involved as to the manner in which the motor vehicles were used. The writ petition was not the appropriate means of dealing with the issue. The civil appeals are allowed. The orders under appeal are set aside. The writ petitions are dismissed.
2. It shall be open to the parties to take all available contentions in the assessment proceedings.
3. No order as to costs.
(C.R.) Appeals allowed.
**************
