2025 (9) TMI 251

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....PIYUSH AGRAWAL, J. 1. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State-respondents. 2. In pursuance of the order dated 07.08.2025 of this Court, two personal affidavits on behalf of the respondents have been filed respectively, which are taken on record. 3. Learned A.C.S.C. presses the personal affidavit filed on behalf of the officer na....

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....h the law and judicial position as prevailing on the said date. The subsequent decisions in M/s Dinesh Kumar Pradeep Kumar and M/s Janta Machine Tools were delivered much later and were not cited before the deponent at the time of deciding the appeal. The deponent, therefore, acted in good faith and without any intent to disregard the law laid down by the Hon'ble Courts. The deponent undertake....

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....ara no.5 of the said affidavit, the deponent has admitted that that the writ court has passed an order on 25.07.2024 in Writ Tax No.1082 of 2022 (M/s Dinesh Kumar Pradeep Kumar Vs. Addl. Commissioner, Grade-II, but not a word has been whispered that one the writ Court has passed an order, the same has not been followed while passing the impugned order. 6. Confronted with the said fact, learned ....