M/S.Bhubaneswar Coal vs. State And Ors.

WP(C)/11352/2013HC OrissaGSTCNR ODHC01021716201320 July 2022Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK1 pages
AI SummaryRemanded

Facts

The petitioner, M/s. Bhubaneswari Coal Mining Ltd., filed a writ petition before the High Court of Orissa at Cuttack. The petition was against the State of Odisha and others. The specific order or action under challenge and the tax period(s) are not detailed in the provided text. The amount in dispute, if any, is also not mentioned. The procedural history leading to the petition is not elaborated upon. The core of the matter is that the petitioner approached the High Court via a writ petition.

Held

The High Court of Orissa at Cuttack held that the writ petition filed by M/s. Bhubaneswari Coal Mining Ltd. had become infructuous. Consequently, the Court disposed of the writ petition on this basis. The reasoning provided is solely based on the statement made by the learned counsel for the petitioner. No specific legal provisions were discussed or interpreted, and no detailed analysis of the merits of the original petition was undertaken. The ratio decidendi is that if a party to a writ petition states that it has become infructuous, the court will dispose of it accordingly without further adjudication on the substantive issues.

Key Issues

The Court had to decide whether the writ petition filed by M/s. Bhubaneswari Coal Mining Ltd. was still maintainable or had become infructuous. The petitioner's counsel argued that the petition had been rendered infructuous. The State of Odisha and others, the opposite parties, did not present any counter-argument or contention in the provided text. The issue revolves around the current status and relevance of the writ petition in light of subsequent developments, which are not specified.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11352 of 2013 M/s. Bhubaneswari Coal Mining Ltd., …. Petitioner Mr.Dillip Ku.Mohanty, Advocate -versus- State of Odisha & Others …. Opp. Parties Mr. Ishwar Mohanty, ASC Mr. Sunil Ku.Mishra, ASC for(CT & GST) CORAM: THE CHIEF JUSTICE JUSTICE R.K.PATTANAIK Order No.

ORDER 20.07.2022

04.

1. Learned counsel for the Petitioner states that the petition has been rendered infructuous.

2.

The writ petition is disposed of as infructuous.

(Dr. S. Muralidhar) Chief Justice

( R.K.Pattanaik) Judge

Kabita

The judgment continues below.

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