C.M.No.12364 of 2011 in #1# CWP.No.2596 of 2005 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.M.No.12364 of 2011 in CWP.No.2596 of 2005 Date of Order: 19.9.2011 Ravinder Kumar Marwah .....Petitioner Vs. State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE JASWANT SINGH Present: Dr. Sushil Gautam, Advocate for the petitioner. HEMANT GUPTA, J (ORAL) C.M.No.12364 of 2011 This is an application under Order 9 Rule 9 read with Section 151 of CPC for restoration of the writ petition bearing CWP No.2596 of 2005, which was dismissed for non-prosecution by this Court vide order dated 16.3.2011. Notice. Sh. Vinod S. Bhardwaj, Addl.A.G, Punjab, who is present in court, accepts notice on behalf of the respondents. After hearing learned counsel for the parties and for the reasons stated in the application, which is supported by an affidavit, the same is C.M.No.12364 of 2011 in #2# CWP.No.2596 of 2005 allowed. Order dated 16.3.2011 passed by this Court is recalled and the writ petition bearing CWP No.2596 of 2005 is restored to its original number. CWP No.2596 of 2005 Petitioner has claimed a writ in the nature of mandamus seeking directions to the respondents to refund the tax deducted at source from the payments made to the petitioner for executing labour contracts pertaining to the assessment years 1999-2000, 2000-2001, 2001-2002, 2002-2003, 2003- 2004. In reply, the Deputy Excise & Taxation Commissioner, Panchkula has admitted that for the supply of labour, following amount has been deducted by the Haryana Urban Development Authority, Panchkula (for short “HUDA”): Sr. No. Year Actual TDS deducted on labour supply 1 1999-2000 1836 2 2000-2001 19249 3 2002-2002 3726 4 2002-2003 21926 It is further pointed out that said respondents have no objection in refunding the tax, which has actually been deducted by the HUDA on supply of labour and that HUDA may be asked to refund this amount to the petitioner and make adjustments from the answering respondent regarding the adjustments in the future payment. After going through the writ petition, we are of the opinion that the petitioner has efficacious remedy to claim refund from the Excise and Taxation Department either in assessment proceedings pertaining to the petitioner or from HUDA. C.M.No.12364 of 2011 in #3# CWP.No.2596 of 2005 In view of aforesaid facts, we dispose of the present petition with liberty to the petitioner to submit claim of refund in assessing proceedings or before the HUDA if so advised, in accordance with law. ( HEMANT GUPTA ) JUDGE September 19, 2011 ( JASWANT SINGH ) manoj JUDGE