Vicky Pitalia S/O Satish Pitalia vs. State Of Maharashtra And Anr
Facts
The petitioners, Vicky Pitalia S/o. Satish Pitalia and Ors., filed a writ petition before the Bombay High Court. The respondents were the State of Maharashtra and the CGST department. The learned counsel for the petitioners, Mr. Sujit Sahoo, circulated the petition for withdrawal. On instructions from the petitioners, the counsel stated that they no longer wished to pursue the petition and sought leave to withdraw it. The Court, without hearing the petition on merits, allowed the withdrawal.
Held
The Court held that the petitioners were permitted to withdraw the writ petition. The reasoning provided was that the learned counsel for the petitioners, on instructions, stated that the petitioners did not wish to pursue the petition. The Court explicitly clarified that it had not heard the petition on merits, and therefore, all contentions of all parties were kept open. The operative direction was to dispose of the writ petition as withdrawn.
Key Issues
1. Whether the petitioners should be granted leave to withdraw the writ petition. The petitioners argued that they no longer wished to pursue the petition and sought its withdrawal. The respondents did not appear to argue against the withdrawal. The Court was not asked to decide any substantive issues of GST law or procedure, as the petition was withdrawn before any arguments on merits were heard.
AI-generated summary — verify with the full judgment below
1/2 2 wp 3690 of 2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURI ICTION WRIT PETITION NO.3690 OF 2023 Vicky Pitalia S/o. Satish Pitalia and Ors. …. Petitioners Versus State of Maharashtra and Anr. …. Respondents ….. Mr.Sujit Sahoo, Advocate for the Petitioners. Mr.K.V. Saste, APP for Respondent No.1 – State. Mr.Jai Vohra i/b. Mr.Amit Munde, SPP, for Respondent No.2– CGST. ….. CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ. DATED : 11th MARCH 2024. P.C. : 1 The Petition is circulated by the learned counsel for the Petitioners for withdrawal of the said Petition. 2 Learned counsel for the Petitioners states on instructions of the Petitioners, that the Petitioners do not wish to Rajeshri Aher RAJESHRI PRAKASH AHER RAJESHRI PRAKASH AHER Date: 2024.03.13 18:36:53 +0530
2/2 2 wp 3690 of 2023.doc pursue the Petition, and, thus, seeks leave to withdraw the Petition. Writ Petition is accordingly disposed of, as withdrawn. 3 We make
The judgment continues below.
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