M/S Durga Motors vs. The State Of Ap And 4 Ors

Facts

The petitioner, M/s Durga Motors, a registered construction Class II contractor, filed a writ petition before the Gauhati High Court. The respondents included the State of Arunachal Pradesh, represented by the Commissioner of the Rural Works Department, along with the Chief Engineer, Superintending Engineer, and Executive Engineer of the same department, and M/s Solo Enterprise. The petitioner sought to withdraw the writ petition due to a formal defect, requesting liberty to approach the court again. The Standing Counsel for the Rural Works Department was present.

Held

The Court allowed the petitioner's prayer to withdraw the writ petition. The petitioner had submitted that there was a formal defect in the writ petition and requested permission to withdraw it with the liberty to approach the court again. The Standing Counsel for the Rural Works Department was present. The Court granted the liberty as prayed for by the petitioner, and consequently, the matter was closed. No specific findings were made on the merits of any potential GST dispute or the nature of the formal defect, as the petition was withdrawn at the outset.

Key Issues

1. Whether the petitioner is entitled to withdraw the writ petition with liberty to approach the court again, given the presence of a formal defect in the petition? The petitioner argued that there was a formal defect in the writ petition and therefore, sought permission to withdraw it with liberty to re-file. The respondents, represented by the Standing Counsel for the Rural Works Department, were present but no specific arguments were recorded on behalf of the State regarding the withdrawal or the alleged defect.