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1995 Supreme(SC) 892

B.L.HANSARIA, K.RAMASWAMY
U. P. Sales Tax Service Association – Appellant
Versus
Taxation Bar Association, Agra – Respondent


Advocates:
D.V.Sehgal, DIPANKAR GUPTA, R.B.MISHRA, S.Baggar, S.K.Bagga, SIRAJ BAGGA, Tanuj Bagga, Uma Nath Singh

Judgement

K. RAMASWAMY, J.:- Leave granted.

2. This appeal by special leave arises from the order dated 14th October, 1993 of the Allahabad High Court made in Writ Petition No. Nil of 1993 titled The Taxation Bar Association, Agra through its General Secretary v. The State of U. P. through the Secretary, Institutional Finance. Persuant to our direction under Article 139A(1) of the Constituion withdrawing the said writ petition to this Court,we dispose of the same ourselves.

3. The crucial question before us is whether the High Court could issue a writ or direction prohibiting a statutory authority, viz., the Appellate Authority under Section 9 of the Uttar Pradesh Sales Tax Act, 1948 (for short, the Act) from discharging the quasi judicial functions; direction to the State Government to withdraw all powers from it and transferring the pending cases before the officer to any other authority? Whether advocate would be justified to go on strike as a pressure group in that behalf?

4. The impuged order is the same, as prayed for in the main writ petition, which reads as under :

"Until further orders of this Court, the respondent No. 3 Satti Din is restrained from discharging his function as
































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