M/S. Kamdhenu Udyog (P) LTD. vs. The Union Of INDIA And Ors.

Facts

The petitioner, M/s. Kamdhenu Udyog (P) Ltd., filed a writ petition (WPA 25918 of 2024) before the High Court. The respondents included the Union of India and other CGST authorities, as well as the State. The petitioner's counsel, Mr. Sandip Choraria, informed the Court that the petitioner wished to withdraw the application. A letter from the petitioner was submitted to the Court, which was taken on record. The Court noted that the petitioner did not wish to proceed with the application.

Held

The Court held that since the petitioner explicitly prayed for leave to withdraw the application and did not wish to proceed with the writ petition, the application should be dismissed as withdrawn. The Court reasoned that it is within the rights of a petitioner to withdraw their case if they no longer wish to pursue it. Consequently, the writ petition WPA 25918 of 2024 was dismissed as withdrawn. Any interim order that might have been in place was also vacated. The Court directed all parties to act on the server copy of the order.

Key Issues

The primary issue before the Court was whether the petitioner's request to withdraw the writ petition should be granted. The Court had to decide on the procedural consequence of the petitioner's decision not to pursue the case. The petitioner, through their counsel, argued for the withdrawal of the application. The State and CGST authorities were represented but no specific arguments were recorded on their behalf regarding the withdrawal request itself, other than their presence and representation.