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Patna High Court

M/s Brajendra Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner may withdraw the writ application and pursue the appropriate appeal within 30 days, and thus the writ petition is disposed.

Summary

The petitioner, a proprietorship firm, filed a writ petition seeking a certiorari to quash a GST DRC‑13 notice issued under Section 79(1)(c) of the GST Act and a mandamus to restrain the freezing of its bank accounts, alleging that the notice was issued without considering its rectification applications and without a hearing. The respondents produced orders showing that the rectification applications had been rejected, and argued that the garnishee order was not issued. The petitioner contended that the orders were appealable and that he should be allowed to withdraw the writ and pursue the appeal. The Court noted that the orders passed during the pendency of the writ were not challenged and that the petitioner could withdraw the writ to file the appropriate appeal within 30 days. The State’s counsel raised no objection to this approach. Consequently, the Court permitted the petitioner to withdraw the writ application and directed him to file the appeal within the stipulated period, leaving all other contentions open. The writ petition was therefore disposed of.

Issues considered

  • Whether the GST DRC‑13 notice issued under Section 79(1)(c) of the GST Act can be quashed for not considering the petitioner’s rectification applications and for denying a hearing.
  • Whether the petitioner is entitled to a writ of mandamus restraining the freezing of its bank accounts pending appeal.
  • Whether the petitioner may withdraw the writ petition and pursue the appropriate appeal within a specified period.

Legislation cited

Subjects

  • GST
  • Section 79(1)(c)
  • DRC‑13 notice
  • rectification application
  • writ of certiorari
  • writ of mandamus
  • bank account freeze
  • appeal
  • due process

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4459 of 2026
                 ======================================================
                 M/s Brajendra Kumar Singh a Proprietorship Firm having its place of
                 business at Sankat Mochan House, Congress Maidan Road, Congress Maidan,
                 Kadam Kuan, P.S.- Kadam Kuan, District- Patna, Bihar, 800003, through its
                 Proprietor Brajendra Kumar Singh, aged about 57 years, son of Ram Bahadur
                 Singh, resident of the aforesaid address, bearing GSTIN 10ASDPS3220P1ZT.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Addl. Chief Secretary cum Commissioner,
                 Department of State Taxes, Government of Bihar, Patna.
           2.    The Joint Commissioner of State Tax, Kadamkuan Circle, Patna.
           3.    The Deputy Commissioner of State Tax, Kadamkuan Circle, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Sunil Kumar, Adv.
                 For the Respondent/s   :     Mr. Ravish Chandra, AC to SC-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

4   17-06-2026                   Heard learned counsel for the petitioner and learned

                   AC to SC-11 for the State.

                               2. The petitioner in the present writ application is

                   seeking the following reliefs:-

                                             i. For issuance of writ in the nature of

                                  Certiorari, for quashing the Notice in Form GST

                                  DRC-13 dated 14.03.2026 issued under Section

                                  79(1)(c)   of   the   GST     Act    by    the   Deputy

                                  Commissioner of State Tax, Kadam Kuan Circle,

                                  Patna, whereby and whereunder, the respondent
Patna High Court CWJC No.4459 of 2026(4) dt.17-06-2026
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                          authority, without following due process of law,

                          without considering and deciding the petitioner's

                          rectification applications dated 11.03.2026 and

                          13.03.2026, and without granting a proper

                          opportunity of hearing, has directed various banks

                          to freeze/hold the petitioner's accounts and recover

                          the alleged dues amounting to Rs. 2,59,11,304/- for

                          payment to the Government.

                                        ii. To issue a writ in the nature of

                          Mandamus, directing the respondent authorities

                          not to freeze or attach the petitioner's bank

                          accounts and not to initiate or proceed with the

                          recovery       of     the      alleged   demand    of   Rs.

                          2,59,11,304/-, till the petitioner's rectification

                          applications are duly considered and disposed of,

                          and     the     petitioner       is   afforded   reasonable

                          opportunity to avail the statutory remedy of appeal,

                          failing which the Government work entrusted to the

                          petitioner is likely to come to a standstill, resulting

                          in irreparable loss and injury.

                                        iii. To grant of any order relief or reliefs

                          to which the petitioner is found entitled in the facts
Patna High Court CWJC No.4459 of 2026(4) dt.17-06-2026
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                          and circumstances of this case.

                      3. It is evident from the reliefs prayed in the writ

          application that the petitioner was aggrieved by and dissatisfied

          with the notice in Form GST DRC-13 dated 14.03.2026. His

          contention in the writ petition was that a notice has been issued

          without considering and deciding the petitioner’s rectification

          applications dated 11.03.2026 and 13.03.2026 and without

          granting him a proper opportunity of hearing.

                      4. By filing a counter affidavit, the Respondent Nos. 2

          and 3 have brought on record a copy of the order dated

          04.05.2026       as    Annexure         ‘R2/1   (series)’ whereby   and

          whereunder the rectification application (Annexure ‘P-3’ to the

          writ application) for rectification of the order dated 25.11.2025

          has been rejected by the competent authority.

                      5. Learned counsel for the petitioner submits that even

          the another rectification application dated 13.03.2026 with

          respect to the order dated 19.12.2025 has been rejected.

                      6. In the counter affidavit, the respondents have taken

          a plea that no garnishee order/DRC-13 with respect to the

          demand created vide order dated 19.12.2025 has been issued by

          the respondent Adjudicating Authority.

                      7. Be that as it may, it is an admitted position that
Patna High Court CWJC No.4459 of 2026(4) dt.17-06-2026
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          during pendency of the writ application, the respondent

          authorities have passed the orders (Annexure ‘R2/1 (series)’ and

          Annexure ‘R2/2’). Those orders are not under challenge in the

          present writ application.

                      8. Learned counsel for the petitioner submits that

          these orders are appealable orders, therefore, he may be

          permitted to withdraw this writ application with liberty to

          challenge the orders (Annexure ‘R2/1 (series)’ and Annexure

          ‘R2/2’) before the appropriate authority within a period of 30

          days from today.

                      9. Learned AC to SC-11 for the State has no objection

          to the same.

                      10. In the circumstances, we allow the petitioner to

          withdraw this writ application in order to pursue his remedy in

          appeal before the Appellate Forum/Appellate Authority by

          presenting the constituted appeals within a period of 30 days

          from today.

                      11. If such appeals are preferred and question of

          limitation arises for consideration, the same will be considered

          keeping in view that the writ application was pending before

          this Court and during pendency of writ petition only, the orders

          have been passed by the respondent authorities.
             Patna High Court CWJC No.4459 of 2026(4) dt.17-06-2026
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                                   12. All contentions are left open to the parties.

                                   13. This writ application stands disposed of

                       accordingly.



                                            (Rajeev Ranjan Prasad, J)


                                                  ( Kumar Manish, J)
Abhishek/-
lekhi/-

U


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