Abhinav Awas Private Limited vs. The State Of Bihar
Held
The Court allowed the petitioner's request to withdraw the writ applications. The Court granted the petitioner liberty to file an appeal before the appropriate Tribunal within a period of three weeks from the date of the order. The reasoning behind this decision is that the petitioner wished to pursue an alternative remedy by filing an appeal before the Tribunal, and the Court facilitated this by permitting withdrawal of the writ petitions. The Court did not delve into the merits of the underlying GST dispute. No issues were expressly left undecided, as the matter was disposed of on a procedural basis.
Facts
The petitioner, Abhinav Awas Private Limited, filed multiple writ applications (CWJC Nos. 5668, 5735, 5742, 5779, and 5866 of 2025) before the Patna High Court. These applications challenged various orders or actions taken by different authorities within the State Goods and Services Tax Department of Bihar, including the Assistant Commissioner, Deputy Commissioner, Joint Commissioner, and Additional Commissioner (Appeals). The specific tax periods and the exact nature of the orders or actions under challenge, as well as the amounts in dispute, are not detailed in the provided judgment excerpt. The procedural history leading to these writ applications is also not elaborated upon.
Key Issues
The Court was not required to decide any substantive issues of law or fact as the petitioner sought to withdraw the writ applications. The primary procedural question was whether the petitioner should be granted permission to withdraw the writ applications. The petitioner, represented by Mr. Ranjit Kumar, sought permission to withdraw these writ applications. The respondents, the State of Bihar and its GST authorities, were represented by the Additional Standing Counsel. The petitioner's counsel argued for withdrawal with liberty to file an appeal before the Tribunal. No specific arguments were recorded for the respondents regarding the withdrawal request.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5668 of 2025 ====================================================== Abhinav Awas Private Limited Ground Floor, Jalalpur Gola Road, Near Gyan Ganga School, Behind State Bank of India, Danapur, Patna, P.S.- Rupaspur, District- Patna, Pin No.- 801503 through its Manager namely- Hari Shankar Das, aged about 55 years, Male, Son of Late Shri Kamaldhar Das, Resident of Village- Kherajpur, P.O.- Kherajpur, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s Versus
The State of Bihar through the Additional Chief Secretary, Goods and Services Tax Department, Govt. of Bihar, Patna.
The Commissioner, State Goods and Services Tax Department, Govt. of Bihar, Patna.
The Additional Commissioner, State Taxes, (Appeal), Patna West Division, Patna.
The Joint Commissioner, State Taxes, Danapur Circle- 1, Danapur, Patna.
The Deputy Commissioner, State Taxes, Danapur Circle- 1, Danapur, Patna.
The Assistant Commissioner, State Taxes, Danapur Circle- 1, Danapur, Patna. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 5735 of 2025 =========
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