S And R Erectors vs. Union Of INDIA
Held
The Court held that the petitioner is permitted to withdraw the writ petition. The Court granted liberty to the petitioner to revive the petition in the eventuality that arises in respect of the same cause of action. The reasoning behind this decision is not elaborated upon, as the court simply acceded to the petitioner's request. The ratio decidendi is that a petitioner can withdraw a writ petition with liberty to refile if the circumstances warrant it, subject to the court's approval. No specific issues were decided on merits.
Facts
The petitioner, S And R Erectors, through its partner Rohitash Singh, filed a writ petition before the Rajasthan High Court, Jaipur Bench. The respondents were the Union of India, the Commissioner of Central GST, Jaipur, and the National Disaster Management Authority. The petition challenged an unspecified order or action. The procedural history indicates that the matter reached the High Court for adjudication.
Key Issues
1. Whether the petitioner is entitled to withdraw the writ petition with liberty to revive it later. Petitioner's Argument: The learned counsel for the petitioner sought to withdraw the petition with liberty to revive it in case an eventuality arises concerning the same cause of action. Respondent's Argument: No specific argument was recorded for the respondents on the petitioner's request to withdraw.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 6803/2020 S And R Erectors, 50-B Ground Floor, Ganesh Path, Ram Nagar, Sodala, Shyam Nagar, Jaipur Through Its Partner Rohitash Singh, S/o Nouranglal Age 54 Years, Resident Of 121, S.B. Vihar, Narendra Nagar, Sodala, Jaipur (Rajasthan) ----Petitioner Versus
Union Of India, Ministry Of Finance, North Block, New Delhi - 110001 Through Its Secretary.
Commissioner, Central GST Commissionerate, Statue Circle, Jaipur.
National Disaster Management Authority, NDMA Bhawan, A-1, Safdarjung Enclave, New Delhi - 110029 Through Its Member Secretary. ----Respondents For Petitioner(s) : Mr. Anupam Bhargava, Advocate for Mr. Ashish Kumar Singh, Advocate For Respondent(s) : Mr. Kinshuk Jain, Sr. Standing Counsel HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 12/10/2022 Learned counsel for the petitioner seeks to withdraw the petition with liberty to revive, in case, eventuality so arises in respect of the same cause of action. Accordingly, the petition is dismissed as withdrawn with the liberty aforesaid. (VINOD KUMAR BHARWANI),J (MANI
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Rajasthan High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.