M/S Sangam Publicity Company vs. The Commissioner Central Excise

Facts

The petitioner, M/s Sangam Publicity Company, through its Proprietor Aijaz Qureshi, filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondents were the Commissioner Central Excise and the Deputy Commissioner (GST), Director General of System and Data Management. A fixed date notice was issued to the petitioner and duly served. Despite the service of notice, neither the petitioner nor their counsel appeared before the Court.

Held

The Court held that the writ petition is dismissed for want of prosecution. This decision was based on the fact that a fixed date notice was issued to the petitioner and duly served upon them. Despite this service, neither the petitioner nor their counsel appeared before the Court. The Court found no reason to proceed with the matter in the absence of the petitioner. Therefore, the operative direction was the dismissal of the petition.

Key Issues

1. Whether the writ petition should be dismissed for want of prosecution, given the petitioner's non-appearance after due service of notice? The petitioner's side did not present any arguments as they were absent. The respondents, through their counsel Mr. Rahul Lodha, likely argued for the dismissal of the petition on the grounds of non-prosecution, as is standard procedure when a party fails to appear after being duly notified. The core issue revolves around the procedural consequence of a petitioner's failure to prosecute their case.