M/S Jaipur Heritage Food Court vs. The Superintendent

Facts

The petitioner, M/s Jaipur Heritage Food Court, through its partner Shri Mahaveer Kumar Jain, filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondent was the Superintendent, Central Goods and Service Tax, Range-XXIII, Jaipur. The petition was listed for hearing on multiple dates, including 20.02.2023, 14.03.2023, and the present date, 28.03.2023. On each of these occasions, no representative appeared on behalf of the petitioner.

Held

The Court held that due to the persistent non-appearance of the petitioner or their representative on multiple scheduled dates, including the current date, the Court was left with no option but to dismiss the petition for want of prosecution. The reasoning is based on the principle that a party must actively pursue their case. The ratio decidendi is that a writ petition, when not prosecuted by the petitioner, will be dismissed. The operative direction was the dismissal of the petition for want of prosecution and the vacation of the interim order.

Key Issues

1. Whether the writ petition should be dismissed for want of prosecution, given the consistent absence of the petitioner's representation? This issue turns on the procedural rules governing the conduct of litigation before the High Court. The petitioner's argument, if any, is not recorded as none appeared. The respondent's position, implied by the Court's action, is that the petition should be dismissed due to the petitioner's failure to prosecute the case.