M/S Manokamna Food Products v. The State of Bihar

Mr. S. D.Sanjay For the Petitioner : For the Respondents 1 & 2: Mr. Lalit Kishore, A.A.G. III & Mr. Ashok Kumar Dubey, J.C. to A.A.G. III ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 20th November, 2008. Mr. S. D. Sanjay, counsel for the petitioner prays for withdrawal of this writ petition with liberty to the petitioner to file fresh writ petition for the reliefs claimed in this writ petition as well as challenge to the constitutional validity to the Bihar Entry of Goods into Local Areas for Consumption, Use or Sale Therein (Amendment and Validation) Act, 2008 (Bihar Act 13 of 2008).

Counsel for the petitioner, however, prayed that until a fresh writ petition is filed by the petitioner, the interim order passed by this Court on 27th February, 2008 be allowed to remain operative. - 2 -

We may immediately observe that once the main petition is withdrawn, the interim order passed therein cannot be continued. However, the interest of the petitioner is safeguarded by the statement of the Additional Advocate General III that if a fresh writ petition is filed within one month from today, no coercive steps shall be taken against the petitioner to realize entry tax exceeding 1% on wheat for a period of one month which we accept.