R K Notagar, Civil Contractor vs. The Acct Lgsto 420

WP/106347/2023HC KarnatakaGSTCNR KAHC02017685202327 March 2025Bench: JYOTI MULIMANI3 pages

For Petitioner: SRI. VIDYASHANKAR G. DALWAI, ADVOCATEFor Respondent: SRI. PRAVEEN K.UPPAR, AGA FOR R1-R2; SRI. AVINASH M. ANGADI, ADVOCATE FOR R3; SRI. GIRISH S. HULMANI, ADVOCATE FOR R4

AI SummaryDismissed

Facts

The petitioner, R.K. Notagar, a civil contractor, filed a writ petition before the High Court of Karnataka, Dharwad Bench. The petition was filed under Articles 226 and 227 of the Constitution of India. The respondents included the Assistant Commissioner of Commercial Taxes (LGSTO-420), the State of Karnataka, the Government of India through its Secretary (Revenue), and the GST Council. The petitioner's counsel appeared and informed the Court that a memo had been filed seeking to withdraw the writ petition. The counsel further stated that this decision was conscious and that the petitioner would not seek to recall any order passed.

Held

The Court held that the petitioner, through their counsel, had made a conscious decision to withdraw the Writ Petition. The counsel submitted a memo to this effect and orally reiterated the request. The Court noted that the petitioner would not seek to recall any order passed. Based on these submissions and the memo filed, the Court decided to dismiss the Writ Petition as withdrawn. No specific legal provisions were discussed or interpreted as the matter was resolved by the petitioner's request for withdrawal.

Key Issues

The primary issue before the Court was whether to allow the petitioner's request to withdraw the writ petition. The petitioner, through their counsel, argued that they had made a conscious decision to withdraw the matter and requested the Court to dismiss the petition as withdrawn. The respondents were present through their respective counsel, but no specific arguments were recorded from their side regarding the withdrawal request. The Court's decision would hinge on whether to accept the petitioner's submission for withdrawal.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

- 1 - NC: 2025:KHC-D:5653 WP No. 106347 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 106347 OF 2023 (T-RES) BETWEEN: R.K. NOTAGAR, CIVIL CONTRACTOR, NO.316, MUTTALGERI, CHALUKYANAGAR, BADAMI-587 201, DIST: BAGALKOT, GSTIN. 29AKSPR1998Q1Z1. … PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. THE A.C.C.T. LGSTO-420, VNIJYA TERIGE BHAVAN, NAVANAGAR, BAGALKOT-587 101. 2. THE STATE OF KARNATAKA, REP. BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF KARNATAKA, BENGALURU-560 001. 3. GOVERNMENT OF INDIA, THROUGH ITS SECRETARY (REVENUE), MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001. 4. THE GST COUNCIL, THROUGH ITS CHAIRPERSON, MINISTRY OF FINANCE, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5653 WP No. 106347 of 2023 NORTH BLOCK, NEW DELHI-110 001. … RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1-R2; SRI. AVINASH M. ANGADI, ADVOCATE FOR R3; SRI. GIRISH S. HULMANI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.Vidyashankar G.Dalwai., counsel for the petitioner has appeared in person.

Counsel for the petitioner submits that a memo has been filed stating that the Writ Petition may be dismissed as withdrawn. Counsel therefore, submits that the memo may be placed on record and the Writ Petition may be dismissed as withdrawn.

When queried, counsel for the petitioner submits that a conscious decision is taken by him and the petitioner to withdraw the Writ Petition and if an order is passed, they shall not seek for recalling the same. NC: 2025:KHC-D:5653 WP No. 106347 of 2023

The oral submission made by counsel for the petitioner and the memo is placed on record.

The Writ Petition is dismissed as withdrawn. (JYOTI MULIMANI) JUDGE RH LIST NO.: 1 SL NO.: 30

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.