Ashok Kumar Meher vs. Commissioner Of Sales Tax And GST
Facts
The petitioner, Ashok Kumar Meher, filed a writ petition before the High Court of Orissa at Cuttack. The petition was against the Commissioner of Sales Tax and GST and others. The matter was taken up on 05.04.2021, not being listed for the day, but on being mentioned by the petitioner's counsel. The petitioner's counsel sought leave to withdraw the writ petition with liberty to file a fresh petition.
Held
The Court allowed the petitioner's request to withdraw the writ petition. The Court noted that the petitioner's counsel sought leave to withdraw the writ petition with liberty to file a fresh petition. Accordingly, the Court dismissed the writ petition as withdrawn, granting the liberty prayed for by the petitioner. No specific issues were decided on merits as the petition was withdrawn. The operative direction was the dismissal of the petition as withdrawn with liberty to file a fresh one.
Key Issues
1. Whether the petitioner should be granted leave to withdraw the writ petition with liberty to file a fresh petition, as per the provisions governing the withdrawal of cases. The petitioner's counsel argued for withdrawal with liberty to refile, implying that the current petition was being withdrawn for procedural or strategic reasons, and that the issues raised within it would be pursued in a new filing. The opposite parties, represented by 'None', did not record any arguments.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER 05.04.2021
1. This matter is taken up by video conferencing mode.
Though the matter is not listed today, on being mentioned by learned counsel for the Petitioner, it is taken up by a separate notice.
Learned counsel for the Petitioner seeks leave to withdraw the writ petition with liberty to file a fresh petition.
Accordingly, the writ petition is dismissed as withdrawn with the liberty prayed for.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner
prescribed, vide Court’s Notice No.4587, dated 25th March, 2020. (Dr. S. Mura
The judgment continues below.
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