M/S National Motors vs. Union Of INDIA
Held
The Court held that the writ petition had become infructuous. This decision was based on the submission made by the learned counsel for the petitioner. The counsel stated that in view of the order passed by the Supreme Court in the case of Union of India and Another Versus FILCO Trace Centre Private Limited and Another, which granted a limited window for application, the petitioner had indeed applied. Therefore, the petitioner contended that no further orders were required to be passed at that stage, and the case had rendered infructuous. The Court accepted this submission and disposed of the writ petition accordingly. The ratio decidendi is that if a petitioner demonstrates that their grievance has been addressed or rendered moot by subsequent events, particularly those stemming from a higher court's directive, the High Court will typically dispose of the matter as infructuous.
Facts
The petitioner, M/s National Motors, through its proprietor Mr. Sajjan Singh, filed a writ petition before the Rajasthan High Court at Jaipur. The petition challenged an unspecified order or action by the revenue authorities. The respondents included the Union of India, various Commissioners of CGST and RGST, the GST Council, and the Goods and Services Tax Network. The petitioner's counsel submitted that due to an order passed by the Supreme Court in the case of Union of India and Another Versus FILCO Trace Centre Private Limited and Another, granting a limited window for application, the petitioner had applied. Consequently, the petitioner argued that no further orders were required, and the case had become infructuous.
Key Issues
1. Whether the writ petition has become infructuous in light of the Supreme Court's order in Union of India and Another Versus FILCO Trace Centre Private Limited and Another, which provided a limited window for application, and the petitioner's subsequent application. Arguments: Petitioner: The petitioner argued that they had applied pursuant to the Supreme Court's order, rendering the present writ petition infructuous and thus no further orders were necessary. Revenue/State: The judgment does not record any specific arguments from the revenue or state respondents regarding the issues raised by the petitioner or the impact of the Supreme Court's order.
AI-generated summary — verify with the full judgment below
[2023:RJ-JP:15842-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No.6237/2020 M/s National Motors, (Hawa Singh) Having Its Office At Road No. 3, Golai Moar, Jhunjhunu Through Its Proprietor Mr. Sajjan Singh S/o Late Sh. Hawa Singh Aged About 33 Years R/o Road No.3, Golai Mod, Jhunjhunu ----Petitioner Versus
Union Of India, Ministry Of Finance (Department Of Revenue) Room No. 46, North Block, New Delhi - 110 001 Through Joint Secretary (Revenue)
Commissioner (Nodal Officer), CGST Commissionerate, NCR Building, Statue Circle, C-Scheme, Jaipur-302005 (Raj)
Commissioner, RGST, Commercial Taxes Department, Kar Bhawan, Bhawani Singh Road, Ambedkar Circle, C- Scheme, Jaipur- 302005 (Raj)
Commissioner, Central Excise And Service Tax, Commissionerate, Block-A, Surya Nagar, Alwar.
GST Council Through Its Chairperson Union Finance Minister, Ministry Of Finance, North Block, New Delhi - 110 001
Goods And Service Tax Network, Having Its Office At East Wing, 4Th Floor, World Mark-1, Aerocity, New Delhi 110037 Through Assistant Manager (Legal) ----Respondents For Petitioner(s) : Mr. Rahul Lakhwani, Advocate HON'BLE MR. JUSTICE MANIND
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