Smt. Kavita Singh vs. State Of Chhattisgarh

Facts

The petitioner, Smt. Kavita Singh, filed a writ petition before the High Court of Chhattisgarh at Bilaspur. She sought various reliefs, including a writ of mandamus commanding respondents 1 and 2 (State of Chhattisgarh and Registrar Firm and Society) to take action on her applications/complaints dated February 22, 2022, and March 8, 2022. She also prayed for a mandamus to seize the bank account of Ashirwaad Welfare Society, allegedly operated by respondents 3 and 4 (partners of Ashiwaad Build-Con). Furthermore, she requested a mandamus for respondent 1 to inquire against respondents 3 and 4 for cheating the petitioner and the state government by not paying GST and requisite taxes, and to recover the same. The petition also sought any other appropriate relief.

Held

The Court did not decide the merits of the issues raised by the petitioner. After arguing for some time, the learned counsel for the petitioner sought permission from the Court to withdraw the petition. No objection was raised by any of the respondents. Consequently, the High Court dismissed the writ petition as withdrawn. The Court did not make any findings on the allegations of cheating, non-payment of GST, or the operation of the bank account. No specific provisions of the GST Act or other statutes were discussed or interpreted in relation to the petitioner's claims, as the matter was disposed of on the petitioner's request for withdrawal.

Key Issues

1. Whether a writ of mandamus should be issued to compel respondents 1 and 2 to initiate action/inquiry on the petitioner's applications/complaints dated February 22, 2022, and March 8, 2022, as per the petitioner's prayer 10.1? 2. Whether a writ of mandamus should be issued to seize the bank account opened in the name of Ashirwaad Welfare Society and operated by Deepak Gwalani, Vijay Prithvani, and Ravi Prithvani, as per the petitioner's prayer 10.2? 3. Whether a writ of mandamus should be issued to initiate an inquiry against respondents 3 and 4 for alleged cheating and non-payment of GST and requisite taxes, and to recover the dues, as per the petitioner's prayer 10.3? Petitioner's Arguments: The petitioner sought various mandamus writs to compel authorities to act on her complaints regarding alleged cheating and non-payment of GST by respondents 3 and 4, and to seize the associated bank account. The petitioner's counsel argued for these reliefs. Revenue/State's Arguments: The judgment records no specific arguments from the revenue or state respondents regarding the merits of the petitioner's claims. However, they raised no objection to the petitioner's subsequent request to withdraw the petition.