Sanjay Kumar Ishwar vs. The Union Of INDIA

Original PDF →
CWJC/2648/2024HC PatnaGSTCNR BRHC01122425202322 July 2026Bench: MR. JUSTICE ANIL KUMAR SINHA,MR. JUSTICE VIKASH KUMAR1 pages
AI SummaryDismissed

Facts

The petitioner, Sanjay Kumar Ishwar, filed a writ petition before the Patna High Court. The respondents were various authorities of the CGST department, including the Union of India through the Chief Commissioner, the Joint Commissioner, the Assistant Commissioner, and the Superintendent. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history leading to the filing of the writ petition is also not detailed. The petitioner's counsel informed the Court that the grievances of the petitioner have been redressed.

Held

The Court held that the writ petition had become infructuous. This decision was based solely on the submission made by the petitioner's counsel that the grievances of the petitioner had been redressed. The Court did not delve into the merits of the original grievance or the specifics of how it was redressed. Consequently, the Court found no necessity to adjudicate on the substantive issues that might have formed the basis of the writ petition. The ratio decidendi is that if a petitioner's grievances are satisfied, the writ petition becomes infructuous and can be dismissed on that ground. The operative direction was to dismiss the writ application as infructuous.

Key Issues

1. Whether the writ petition has become infructuous due to the redressal of the petitioner's grievances, as submitted by the petitioner's counsel. Petitioner's Argument: The petitioner's counsel stated that the grievances of the petitioner have been redressed, implying that no further adjudication by the Court is necessary. Revenue's Argument: The judgment does not record any specific argument from the respondent revenue authorities regarding the issues before the Court. Their appearance is noted, but their contentions are not detailed.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2648 of 2024 ====================================================== Sanjay Kumar Ishwar S/o Late Ram Chandra Ishwar R/o- Sewry, ward no- 8, Post and P.S.- Cheria Bariyarpur, Dist.- Begusarai- 851127. ... ... Petitioner/s Versus 1. The Union of India through the Chief Commissioner, GST and CX, Patna. 2. The Joint Commissioner, CGST, Patna. 3. The Assistant Commissioner, CGST, Darbhanga. 4. The Superintendent, CGST, Begusarai Range. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Shashi Bhushan Singh For the Respondent/s : Mr.Additional Solicitor General Mr. Anshuman Singh, Sr. S.C., CGST ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA and HONOURABLE MR. JUSTICE VIKASH KUMAR

(Per: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA) 4 22-07-2026

1.

Mr. Shashi Bhushan Singh, learned counsel for the petitioner submits that the grievances of the petitioner have been redressed.

2.

Accordingly, this writ application is dismissed as infructuous.

praful/- (Anil Kumar Sinha, J) ( Vikash Kumar, J) U

Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.