Sri Jonah Terang vs. The Union Of INDIA And 3 Ors
Original PDF →Facts
The petitioner, Sri Jonah Terang, filed a writ petition before the Gauhati High Court. The respondents were the Union of India, represented by the Secretary to the Government of India, Ministry of Finance, Department of Revenue, and three officials from the Central Goods and Service Tax department. The specific tax period and the order or action under challenge, as well as the amount in dispute, are not recorded in the judgment. The procedural history leading to the filing of the writ petition is also not detailed.
Held
The Court held that the petitioner did not wish to pursue the writ petition at that stage and sought liberty to avail other appropriate remedies. The respondents had no objection to this request. Consequently, the Court dismissed the writ petition on withdrawal, granting the petitioner the liberty to pursue other remedies as prayed for. The reasoning was based on the petitioner's expressed desire to withdraw and the absence of objection from the respondents. No specific provisions of the CGST Act or Rules were discussed in relation to the dismissal.
Key Issues
The Court had to decide whether to allow the petitioner to withdraw the writ petition. The petitioner's counsel argued that the petitioner wished to withdraw the writ petition at this stage to pursue other appropriate remedies available under the law. The respondent's counsel stated they had no objection to this submission. The core issue was whether the Court should permit the withdrawal of the petition under these circumstances.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER Date : 29.05.2026
Heard Mr. R.S. Mishra, learned counsel for the petitioner; and Mr. K. Jain, learned counsel on behalf of Mr. S.C. Keyal, learned Senior Counsel & Special Counsel, CGST appearing for the respondent nos. 2 – 4. Mr. Mishra has submitted that the petitioner does not want to pursue the writ petition, at this stage, in order to avail other appropriate remedy as permissible under the law. In response, Mr. Gogoi has submitted that he has no objection to the submission made by the learned counsel for the petitioner.
In view of the above submission made by Mr. Mishra, learned counsel for the petitioner that the petitioner does not want to pursue the writ petition, at this stage, the writ petition is dismissed on withdrawal, with the liberty, as prayed for.
JUDGE Comparing Assistant
Reproduced from the public record of the Gauhati High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.