Krishna Kumar Deomurari Son Of Shri Mahendra Kumar Deomurari vs. Ajmer Vidyut Vitran Nigam Limited
Facts
The petitioner, Krishna Kumar Deomurari, filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondents include Ajmer Vidyut Vitran Nigam Limited (AVVNL) and its various officials, as well as GST and Central Excise authorities. The specific tax period and the exact nature of the order or action under challenge are not detailed in the provided judgment. The procedural history leading to the filing of the writ petition is also not elaborated upon in the judgment. The amount in dispute, if any, is not mentioned.
Held
The Court held that the present writ petition is disposed of with liberty to the petitioner to file a fresh petition if the need so arises. This decision was based solely on the request made by the counsel for the petitioner. The Court granted the liberty as prayed for. The reasoning behind this decision is the petitioner's explicit request for withdrawal with liberty. The ratio decidendi is that a High Court, in its writ jurisdiction, can permit the withdrawal of a petition with liberty to refile, upon a proper request from the petitioner, without delving into the merits of the case. No specific issues regarding GST provisions were decided, and no operative directions beyond the disposal of the petition with liberty were issued. Any issues concerning the merits of the dispute or the GST provisions remain undecided.
Key Issues
1. Whether the petitioner is entitled to withdraw the writ petition with liberty to file a fresh petition if the need arises, as per the prayers made by the counsel for the petitioner. Contentions: Petitioner: The counsel for the petitioner sought permission to withdraw the present writ petition with liberty to file a fresh petition if the need so arises. No specific legal provisions or precedents were cited in support of this request within the provided text. Revenue/State: The judgment does not record any arguments or contentions from the respondents (Ajmer Vidyut Vitran Nigam Limited and the GST/Central Excise authorities).
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8422/2022 Krishna Kumar Deomurari Son Of Shri Mahendra Kumar Deomurari, Aged About 28 Years, Resident Of 53, Kailash Puri, Christian Gunj, Ajmer (Raj.) ----Petitioner Versus
Ajmer Vidyut Vitran Nigam Limited, Vidyut Bhawan, Makarwali Road, Panchsheel Nagar, Ajmer (Raj.) Through Its Managing Director.
Joint Director (Personnel), Ajmer Vidyut Vitran Nigam Limited, Vidyut Bhawan, Makarwali Road, Panchsheel Nagar, Ajmer (Raj.)
Secretary Administration, Ajmer Vidyut Vitran Nigam Limited, Vidyut Bhawan, Makarwali Road, Panchsheel Nagar, Ajmer (Raj.)
Additional Chief Engineer (Project), Ajmer Vidyut Vitran Nigam Limited, Vidyut Bhawan, Makarwali Road, Panchsheel Nagar, Ajmer (Raj.)
Head Commissioner, Office Of The Chief Commissioner, Cgst And Central Excise Zone, Jaipur (Raj.)
Additional Commissioner, Cgst And Central Excise, Alwar Commissionrate, Alwar (Raj.) ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Ms. Komal Kumari Giri For Respondent(s) : HON'BLE MR. JUSTICE INDERJEET SINGH Order 06/07/2022 Counsel for the petitioner wants to withdraw this writ petition with
The judgment continues below.
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