9911796707
TMI Blog2012 (12) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... to allow an abatement equivalent to the reimbursement of statutory wages and levies - Held that:- no such direction can be issued to the Government to amend the law, therefore, the prayer outright rejected. Writ of mandamus has been sought by the petitioner against the Bharat Sanchar Nigam Limited (BSNL) - held that:- The petitioner has failed to show that there has been inaction on the part o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xable service, in as much as the same is levying service tax on gross amount charged by such agency from the client without any abatement in respect to reimbursement of statutory wages and levies and/or to allow an abatement equivalent to the reimbursement of statutory wages and levies." 2. A writ or order in the nature of mandamus, directing CBEC (Respondent No.2) to withdraw/suitably amend its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in the circumstances of the present case. 3. I have heard learned counsel for the parties and have perused the averments made in the counter affidavit as well as rejoinder affidavit. 4. Learned counsel appearing for the respondent nos. 1 to 4 has raised a preliminary objection that the writ of mandamus cannot be granted to the petitioner because the petitioner had not approached the authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well settled that a writ of mandamus can only be issued if the petitioner had already approached the authority concerned for redressal of his grievance and there is inaction on the part of the authority concerned. In the case at hand, admittedly, the petitioner had not approached the authority concerned, therefore, the prayer of writ of mandamus to the BSNL cannot be granted by this Court. 8. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... failed to show that there has been inaction on the part of the authority concerned, I am not inclined to issue a writ of mandamus against the respondent authorities. The writ petition being devoid of merit is liable to be dismissed outright at the threshold. 10. The writ petition is dismissed summarily. However, it is made clear that in case the dues have not been cleared by the respondent nos. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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