Vidyadhar Chaudhary S/O Of Sh. Shishpal vs. State Of Rajasthan
Held
The Court held that the writ petition had become infructuous. This decision was based on the submission made by the learned counsel for the petitioner. The petitioner stated that in view of the release of the vehicle during the pendency of the present petition, he was no longer interested in pursuing the matter. The Court accepted this submission and accordingly disposed of the petition. The ratio decidendi is that when the subject matter of a writ petition is resolved or rendered moot during the pendency of the proceedings, and the petitioner expresses no further interest in pursuing it, the petition can be disposed of as infructuous. No specific operative directions were issued beyond disposing of the petition.
Facts
The petitioner, Vidyadhar Chaudhary, proprietor of M/s Jaipur Bhiwadi Transport Carrier, filed a writ petition before the Rajasthan High Court. The petition challenged an unspecified order or action by the Assistant Commissioner, State Tax, Commercial Taxes Department, Rajasthan, Jaipur. The dispute involved a vehicle. During the pendency of the writ petition, the vehicle in question was released. Consequently, the petitioner informed the Court that he was no longer interested in pursuing the matter.
Key Issues
1. Whether the writ petition has become infructuous due to the release of the vehicle during its pendency, as submitted by the petitioner? Petitioner's contention: The petitioner argued that since the vehicle, which was the subject matter of the dispute, has been released, the purpose of the writ petition has been served and it is no longer necessary to pursue the matter further. Therefore, the petition should be disposed of as infructuous. Respondents' contention: The respondents did not present any arguments against the petitioner's submission regarding the petition being infructuous. The record does not indicate any specific arguments made by the State of Rajasthan, Union of India, or the Assistant Commissioner.
AI-generated summary — verify with the full judgment below
[2023/RJJP/002270] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 716/2023 Vidyadhar Chaudhary S/o of Sh. Shishpal, Aged About 47 Years, Propriotor of M/s Jaipur Bhiwadi Transport Carrier, Resident Of Plot No. 13-14, Ganesh Nagar, Near Arjun Public School, Jaipur- 302013. ----Petitioner Versus
State Of Rajasthan, Through Its Secretary, Department Of Finance, Serectariate, Jaipur.
Assistant Commissioner, The Assistant Commissioner Of State Tax Commercial Taxes Department, Rajasthan, Jaipur Kar Bhawan, Ambedkar Circle,jaipur
Union Of India, Through Secretary, Ministry Of Finance, Department Of Revenue, Central Board Of Indirect Taxes And Customs, Gst Policy Wing Through Commissioner (Gst), New Delhi. ----Respondents For Petitioner(s) : Mr. Rudraksh Sharma,Adv. For Respondent(s) : Mr. Kinshuk Jain, Adv. Mr. CS Sinha on behalf of Mr. RD Rastogi, ASG Mr. JS Shekhawat on behalf of Mr. RP Singh, AAG. HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/02/2023 At the outset, learned counsel for the petitioner submits that in view of release of vehicle during the pendency
The judgment continues below.
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