M/S. Mata Maru Devi Impex vs. Government Of Karnataka
Original PDF →WP/15553/2019HC KarnatakaGSTCNR KAHC01010215201907 February 2024Bench: S.R.KRISHNA KUMAR3 pages
For Petitioner: SRI. ACHAPPA P.B., ADVOCATEFor Respondent: SRI. SHAMANTH NAIK, HCGP FOR R1; SRI. JEEVAN J. NEERALGI, ADVOCATE FOR R2
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Cause title — parties, addresses and appearances
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NC: 2024:KHC:5261
WP No. 15553 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.15553 OF 2019 (T-RES)
BETWEEN:
M/S. MATA MARU DEVI IMPEX
REPRESENTED BY ITS PRORPEITOR
SRI. MANISH SURANA
AGED ABOUT 34 YEARS
S/O ANANDILAL SURANA
HAVING ITS OFFICE AT
FLAT NO.03, SY NO.58/1
MAGADI MAIN ROAD, LAKSHMIPURA,
BENGALURU - 562 162.
…PETITIONER
(BY SRI. ACHAPPA P.B., ADVOCATE)
AND:
1.
GOVERNMENT OF KARNATAKA
(DEPARTMENT OF COMMERCIAL TAXES)
COMMERCIAL TAX OFFICER
(ENFORCEMENT 53) SOUTH ZONE
OFFICE OF THE ADDITIONAL
COMMISSIONER OF COMMERCIAL TAXES
VANIJYA, THERIGE KARYALA-II
NGV, ROOM NO.305, 80 FEET ROAD,
KORAMANGLA
BENGALURU-560047.
ATTACHED THIS HON'BLE COURT
BENGALURU - 560001.
2.
UNION OF INDIA
DEPARTMENT OF REVENUE
REPRESENTED BY
THE SECRETARY TO THE GOVERNMENT OF INDIA
HAVING ITS OFFICE AT N-234-A,
Digitally
signed by
SHARMA
ANAND
CHAYA
Location:
High Court
of Karnataka
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NC: 2024:KHC:5261
WP No. 15553 of 2019
GRETAR KAILASH-I,
NEW DELHI-110048
THROUGH THE ADDITIONAL SOLICITOR
GENERAL OF INDIA
ATTACHED TO THIS HON'BLE COURT.
…RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP FOR R1;
SRI. JEEVAN J. NEERALGI, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
PASSED BY THE RESPONDENT NO.1 PRODUCED AT ANNEXURE-A
DATED 12.03.2019 AT ANNEXURE-B DATED 12.03.2019; DECLARE THE
PROVISIONS OF SECTION 83 AND ALLIED PROVISION OF THE CGST ACT
AS ULTRA VIRES THE CONSTITUTION OF INDIA AS IT VIOLATES THE
FUNDAMENTAL GUARANTEE ENSHRINED IN ARTICLES 14, 20 AND 21 OF
THE CONSTITUION OF INDIA, PROTECTION OF LIFE AND PERSONAL
LIBERTY;
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1.
Heard learned counsel for the parties.
2.
Learned counsel for the petitioner has filed a memo dated 31.10.2023 seeking withdrawal of the writ petition. NC: 2024:KHC:5261 WP No. 15553 of 2019
3.
Perused the memo dated 31.10.2023 and the e-mail communication enclosed with it. The said memo is placed on record.
4.
The writ petition is dismissed as withdrawn in terms of the aforesaid memo filed by the petitioner. JUDGE sac List No.: 2 Sl No.: 54
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