1985 (4) TMI 268

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....ivered by OJHA, J.-An appeal filed by the petitioners against the order of assessment for the assessment year 1972-73 was decided by the appellate authority, namely, the Assistant Commissioner (Judicial), Sales Tax, Meerut Range, Meerut, respondent No. 1, on 31st August, 1979. The petitioners made an application under section 22 of the U.P. Sales Tax Act, 1948 (hereinafter referred to as the Ac....

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....s in which the aforesaid application could not be decided even though arguments were heard on numerous occasions. No counter-affidavit has, however, been filed so far. Keeping in view the circumstances that inordinate delay has occurred in the disposal of the aforesaid application, we are of opinion that the writ petition deserves to be decided finally at this very stage as contemplated by the sec....

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....e decided so far, no counter-affidavit has been filed. As such, we are of opinion that a case has been made out for issuing a direction to respondent No. 2 to decide the application now without any further delay. In the result this writ petition succeeds and is allowed to this extent that the Assistant Commissioner (Judicial), Sales Tax, Ghaziabad, respondent No. 2, is directed to decide the af....