The Calcutta High Court while observing that Public Interest Litigation (PIL) remedy has been misused imposed a cost of Rs.50,000/- on the Petitioner and dismissed the PIL alleging that the private respondents are engaged in the construction business and they are not paying the GST amount and thereby evading tax.
An objection has been raised by the respondents that the present PIL has not been filed with the bonafide intention. The counsel for the private respondents has submitted that the FIR has been registered at the instance of the private respondents against the petitioner.
The Counsel appearing for the concerned GST Authorities has also submitted that the private respondents have taken the GST registration on 15.07.2022 and that the action is being taken against the private respondents in respect of whatever defaults they have committed. The counsel for the Income-Tax Departmenthas also submitted that the action will be taken after completion of action by the GST Authorities.
In the present case it is undisputed that the FIR dated 30th November, 2020 has been registered in the Police Station – Airport, Birati for offence under Sections 406/420/506 IPC at the instance of the private respondents against the petitioner. It is also not in dispute that at the instanceof the petitioner an FIR has also been registered against the private respondents , noted the Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj.
Hence, it is clarified to the Court that the petitioner is dragging the personal dispute with the private respondents to the High Court by way of the PIL,which is impermissible. On perusal of the petition, the Bench noted that the petitioner has suppressed the fact of lodgingFIRs against each other in the petition.
The counsel for the respondents has also produced a copy of the order dated 22nd September,2022 passed in the case of Biplab Kumar Chowdhury v. The State of West Bengal & Ors.wherein it was noted by the High Court that the petitioner was in the habit of filing the petition one after other to extractmoney from the parties.