Mahendra Pratap Tiwari vs. The State Of Chhattisgarh

WPS/6947/2018HC ChhattisgarhGSTCNR CGHC01033240201826 June 2025Bench: HON'BLE SHRI JUSTICE RAKESH MOHAN PANDEY2 pages
AI SummaryDismissed

Facts

The petitioner, Mahendra Pratap Tiwari, an Assistant Commissioner of State Tax, filed a writ petition before the Chhattisgarh High Court. The petition was against the State of Chhattisgarh and various State Tax authorities. The specific order or action under challenge and the tax period(s) are not detailed in the provided judgment excerpt. The amount in dispute is also not mentioned. The procedural history is limited to the filing of the writ petition and the subsequent submission by the petitioner's counsel.

Held

The Court accepted the submission made by the learned counsel for the petitioner that the writ petition had become infructuous due to the efflux of time. Since the respondents did not oppose this submission, the Court did not delve into the merits of the original grievance. The reasoning was solely based on the procedural development that the matter had become moot. The operative direction was to dismiss the writ petition. No specific GST provisions were interpreted or applied in reaching this conclusion. The ratio decidendi is that a writ petition that has become infructuous due to the passage of time, and where this is not opposed by the respondents, should be dismissed.

Key Issues

The primary issue before the Court was whether the writ petition had become infructuous due to the efflux of time. The petitioner's counsel argued that the petition was no longer maintainable as the relevant period had passed, rendering the matter moot. The respondents, the State of Chhattisgarh and its tax authorities, did not oppose this submission. No specific provisions of the GST Act or Rules were explicitly discussed in relation to this issue in the provided excerpt. The court did not have to decide on substantive GST law or factual disputes.

AI-generated summary — verify with the full judgment below

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2025:CGHC:28491

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6947 of 2018 Mahendra Pratap Tiwari S/o Shiv Raj Singh Tiwari Aged About 47 Years Working As A Assistant Commissioner State Tax, Circle 1, Bilaspur District Bilaspur Office Of The State Tax Bilaspur Chhattisgarh.

... Petitioner versus 1 - The State Of Chhattisgarh Through Its Secretary, State Tax Department, Ministry, Mahanadi Bhavan, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Commissioners State Tax, North Block, Sec. 19, Commercial Tax, Gst Bhawan, Head Office, Atal Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Joint Commissioners State Tax, Division Bilaspur, Bilaspur Chhattisgarh., District :

Bilaspur,

Chhattisgarh 4 - C. Khalxo Assistant Commissioners, State Tax, Office Of Joint Commissioner, Koria Circle Manendragarh, At Present Attached As A Assistant Commissioner, Circle 1, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

... Respondent(s) For Petitioner : Mr. Vivek Verma, Advocate For

The judgment continues below.

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