M/S Shree Krishna Traders Through Its Proprietor Sri Ajay Kumar Agarwal vs. The Principal Commissioner Central GST And Central Excise Ranchi

Held

The Court held that the writ petition had become infructuous. This finding was based on the submission by the petitioner's counsel that a final order had been passed in the proceeding, the interim order of which was under challenge. The Court noted that a memo of withdrawal had been filed to this effect. As the respondent's counsel had no objection to the withdrawal, the Court allowed the writ application to be withdrawn. The ratio decidendi is that if a subsequent event renders a writ petition infructuous and all parties consent to withdrawal, the Court will permit it. No specific operative directions were issued beyond allowing the withdrawal.

Facts

The petitioner, M/s. Shree Krishna Traders, filed a writ petition before the Jharkhand High Court challenging an interim order passed in a proceeding. The respondent was the Principal Commissioner, Central GST & Central Excise, Ranchi. The petitioner's counsel submitted that the writ petition had become infructuous because a final order had since been passed in the proceeding that was the subject of the interim order. A memo of withdrawal was filed, and the respondent's counsel had no objection. Consequently, the High Court allowed the writ application to be withdrawn.

Key Issues

1. Whether the writ petition has become infructuous, necessitating its withdrawal? The petitioner argued that the writ petition had become infructuous because a final order had been passed in the proceeding, rendering the challenge to the interim order moot. The petitioner relied on the filing of a memo of withdrawal to support this contention. The respondent did not raise any objection to the petitioner's submission or the prayer for withdrawal.