Created by Fuzzy Cloud

Allahabad High Court

SHIV BRICK FIELDversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The petition is dismissed because the petitioner has a statutory remedy of appeal against the adjudication order.

Summary

The petitioner, Shiv Brick Field, filed a writ petition challenging an ex parte adjudication order dated 25 February 2025 issued under Section 73 of the Uttar Pradesh Goods and Services Tax (U.P.G.S.T.) Act, 2017. The petition raised a preliminary objection that the petitioner had an alternative statutory remedy of appeal against the adjudication order. The court examined the issue of limitation and relied on precedents set in M/S Shree Shakti Infra v. State of U.P. & Anr. (2026) and M/S Bambino Agro Industries Ltd. v. State of Uttar Pradesh & Anr. (2025). It held that the existence of a statutory appeal route precludes interference through a writ petition. Consequently, the court declined to interfere with the adjudication order and disposed of the petition. The decision underscores that writ jurisdiction is unavailable where a specific appeal remedy is provided by statute.

Issues considered

  • Whether a writ petition challenging an ex parte adjudication order under Section 73 of the U.P.G.S.T. Act is maintainable when a statutory appeal remedy exists
  • Whether the limitation period bars the petition

Legislation cited

Subjects

  • GST
  • Section 73
  • Adjudication Order
  • Statutory Appeal
  • Limitation
  • Writ Petition

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT TAX No. - 2436 of 2026

                                    Shiv Brick Field
                                                                                                .....Petitioner(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)        : Atul Tej Kulshrestha, Ved Prakash
                                                                       Singh
                                    Counsel for Respondent(s)        : C.S.C.

                                    Court No. - 3
                                                    HON'BLE SAUMITRA DAYAL SINGH, J.
                                                    HON'BLE SWARUPAMA CHATURVEDI, J.

                                    1. Heard learned counsel for the petitioner and learned Standing Counsel for
                                    the State respondents.

                                    2. Challenge has been raised to the ex parte Adjudication Order dated
                                    25.02.2025 passed under Section 73 of the U.P.G.S.T. Act, 2017.

                                    3. Preliminary objection has been raised that the petitioner has alternative
                                    remedy of appeal.

                                    4. On the issue of limitation, reliance has been placed on M/S Shree Shakti
                                    Infra Vs. State of U.P. & Anr., 2026:AHC:277-DB, following another
                                    order passed in M/S Bambino Agro Industries Ltd. Vs. State of Uttar
                                    Pradesh & Anr., 2025:AHC:229995-DB.

                                    5. In view of the above, it appears, the petitioner has statutory remedy of
                                    appeal available to it. Leaving that course open, interference claimed is
                                    declined.

                                    6. Accordingly, the present petition is disposed of.



                                                      (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    May 7, 2026
                                    Abhilash




Digitally signed by :-
ABHILASH SINGH
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.