Ms Republic Distributors Represented Through Its Partner Sri Rajendra Prasad Budhia vs. Union Of INDIA Through The Secretary Ministry Of Finance Department Of Revenue

WPC/557/2021HC JharkhandGSTCNR JHHC01004641202129 June 2022Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MR.JUSTICE SUJIT NARAYAN PRASAD1 pages
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Facts

These three writ petitions were filed before the Jharkhand High Court. In W.P. (T) No. 557 of 2021, the petitioner, M/s. Republic Distributors, through its counsel Ms. Sidhi Jalan, submitted that the case had become infructuous and the petitioner would not be pursuing it further. Consequently, this specific petition was dismissed as not pressed. The other two petitions, W.P. (T) No. 558 of 2021 (M/s. The Republic Private Limited) and W.P. (T) No. 556 of 2021 (M/s. Budhia Agencies Private Limited), were ordered to be listed in the regular course for further proceedings.

Held

In W.P. (T) No. 557 of 2021, the Court accepted the submission made by the petitioner's counsel, Ms. Sidhi Jalan, that the case had become infructuous. Therefore, the Court dismissed this writ petition as not pressed. For W.P. (T) No. 558 of 2021 and W.P. (T) No. 556 of 2021, the Court did not delve into the merits of the case at this stage. Instead, it directed that these matters be listed in the regular course, implying that further hearings and arguments would be entertained on a future date. No specific findings or reasoning were provided for these latter two cases, as they were merely scheduled for further listing.

Key Issues

1. Whether W.P. (T) No. 557 of 2021 has become infructuous, rendering further proceedings unnecessary? Petitioner (M/s. Republic Distributors) argued that the case is infructuous. Revenue/State did not present any argument on this specific point as the petitioner conceded. 2. Whether W.P. (T) No. 558 of 2021 and W.P. (T) No. 556 of 2021 should be listed for regular hearing? No specific arguments were recorded for the petitioners or respondents regarding the listing of these cases. The Court simply directed them to be listed in the regular course.

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Heard together (3 matters)

W.P. (T) No. 558 of 2021
W.P. (T) No. 556 of 2021
W.P. (T) No. 557 of 2021

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (T) No. 558 of 2021 M/s. The Republic Private Limited ... ... ... Petitioner

Versus Union of India and others … … … … ... Respondents

WITH

W.P. (T) No. 556 of 2021 M/s. Budhia Agencies Private Limited ... ... ... Petitioner

Versus Union of India and others … … … … ... Respondents

WITH M/s. Republic Distributors … … ... ... Petitioner

Versus Union of India and others … … … … ... Respondents

--------- CORAM:

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

--------- For the Petitioners: Ms. Sidhi Jalan, Advocate For the Resp-UOI: Mr. Laxman Kumar, CGC For the Resp-State: Mr. Sachin Kumar, Addl. A.G.-II For the REsp-CGST: Mr. Amit Kumar, Advocate

--------- Oral Order 03/Dated: 29.06.2022 Ms. Sidhi Jalan, learned counsel appearing for the petitioner, submits that this case has become infructuous and as such, the petitioner would not be persecuting the same.

Accordingly, this writ petition is

The judgment continues below.

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