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Patna High Court

Shree Someshwarnath ConstructionversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of, with liberty granted to the petitioner to seek revocation of the cancellation under Section 30 of the Bihar GST Act.

Summary

The petitioner, Shree Someshwarnath Construction Office, challenged the cancellation of its GST registration (GSTIN 10ADZFS4369J1ZF) dated 05.07.2023, alleging violation of natural justice and lack of a speaking order. It sought a mandamus to restore the registration, quash the cancellation order, and a direction for the Joint Commissioner to hear its appeal under Section 107 of the Bihar GST Act, 2017 within a reasonable time. The court granted the petitioner liberty to file an application under Section 30 of the Bihar GST Act for revocation of the cancellation. No substantive hearing on the merits was undertaken. The writ petition was subsequently disposed of by the court.

Issues considered

  • Whether the cancellation of GST registration was effected in violation of the principles of natural justice.
  • Whether the petitioner is entitled to a writ of mandamus for restoration of its GST registration.
  • Whether the cancellation order, being non‑speaking, is liable to be quashed.
  • Whether the petitioner should be directed to file an appeal under Section 107 of the Bihar GST Act within a fixed time.

Legislation cited

Subjects

  • GST registration
  • cancellation
  • natural justice
  • mandamus
  • Section 30
  • Section 107
  • Bihar GST Act
  • writ petition
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18854 of 2025
                 ======================================================
                 Shree Someshwarnath Construction Office at- Bindwaliya, Areraj, District-
                 Purbi Champaran, Bihar, Pin- 845411. Through its Partner- Shivendra Prasad
                 (male), aged about 46 years, S/o- Jaynath Prasad, Resident of- Bindwaliya,
                 P.S. Areraj, Dist- East Champaran.

                                                                            ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Commissioner of State GST, New Secretariat,
                 Patna.
           2.    The Joint Commissioner of State Tax, Motihari, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Jai Prakash Singh,Adv.
                 For the Respondent/s   :     Mr. Government Pleader (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   08-07-2026                   The present writ petition has been filed seeking the

                   following reliefs:-

                                  “a) For issuance of an appropriate writ, order or
                                  direction in the nature of mandamus, commanding the
                                  respondent authorities to restore the GST registration
                                  of     the     petitioner    bearing     GSTIN       No.
                                  10ADZFS4369J1ZF with immediate effect, as the
                                  cancellation order dated 05.07.2023 has been passed
                                  in violation of the principles of natural justice and
                                  without assigning any cogent or speaking reasons. The
                                  petitioner further undertakes to pay all outstanding
                                  taxes, interest, and penalty as may be assessed or
                                  directed by this Hon'ble Court or the competent
                                  authority for the purpose of regularizing its compliance
                                  under the GST Act.
                                  b) To quash and set aside the impugned Order of
                                  Cancellation of Registration dated 05.07.2023 issued
                                  in     Form      GST      REG-19      (Reference     No.
            Patna High Court CWJC No.18854 of 2025(2) dt.08-07-2026
                                                       2/2




                                      ZA100723008339V). on the grounds that the said order
                                      is cryptic, non-speaking, mechanical, and has been
                                      passed in violation of the principles of natural justice
                                      without affording any proper opportunity of hearing to
                                      the petitioner.
                                      c) For issuance of an appropriate writ, order, or
                                      direction commanding the Joint Commissioner of State
                                      Taxes, Motihari Circle, East Champaran, to consider
                                      and dispose of the appeal that the petitioner proposes
                                      to file under Section 107 of the Bihar GST Act, 2017,
                                      within a fixed and reasonable time-frame, strictly on
                                      merits and in accordance with law, after affording the
                                      petitioner due opportunity of personal hearing. This
                                      direction is sought to ensure that the petitioner's
                                      statutory remedy is not rendered illusory or defeated on
                                      account of technical or procedural lapses.”

                                  2. At the outset, the learned counsel for the petitioner

                      seeks liberty on behalf of the petitioner to file appropriate

                      application under Section 30 of the Bihar Goods and Services

                      Tax Act, 2017 for revocation of cancellation of registration.

                      Liberty so sought is granted.

                                  3. The writ petition stands disposed of.


                                             (Mohit Kumar Shah, J)


                                                    (Raj Kumar, J)

kanchan/-

U


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