M/S Dee Vee - Gawar (Jv) vs. Union Of INDIA
Facts
The petitioner, M/s Dee Vee - Gawar (JV), filed a writ petition before the High Court of Chhattisgarh at Bilaspur. The petition was filed against the Union of India and various authorities of the State of Chhattisgarh, including the Joint Commissioner of State Tax and the Additional Commissioner of State Tax. The petitioner sought redressal for a grievance related to GST. During the pendency of the writ petition, the petitioner's grievance was addressed by the respondent authorities. Consequently, the petitioner filed an application seeking withdrawal of the petition, stating that it had become infructuous.
Held
The Court held that the writ petition had become infructuous. This finding was based on the submission made by the learned counsel for the petitioner, who stated that the grievance of the petitioner had been addressed by the respondent authorities during the pendency of the present petition. The Court accepted this submission and concluded that no further adjudication was required. The ratio decidendi is that a writ petition that becomes infructuous due to the resolution of the petitioner's grievance by the concerned authorities during its pendency is liable to be dismissed as infructuous. The operative direction was to dismiss the petition.
Key Issues
1. Whether the writ petition has become infructuous due to the grievance of the petitioner being addressed by the respondent authorities during the pendency of the petition? Petitioner's Argument: The petitioner argued that their grievance has been addressed by the respondent authorities, rendering the present writ petition infructuous. Therefore, they sought to withdraw the petition. Revenue/State's Argument: The judgment does not record any specific argument from the respondents regarding the infructuous nature of the petition. However, their implicit stance would be to accept the withdrawal if the petitioner's grievance is indeed resolved.
AI-generated summary — verify with the full judgment below
1 / 2 2024:CGHC:44131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPT No. 199 of 2021 1 - M/s Dee Vee - Gawar (Jv) A Joint Venture Between M/s Dee Vee Projects Limited And M/s Gawar Construction Limited Having Its Office At 1st Floor, Vikas Complex, Power House Road, Korba- 495677, Chhattisgarh Through Its Authorized Signatory Shri Vikash Ranjan Mahto, District : Korba, Chhattisgarh
... Petitioners versus 1 - Union Of India Through The Joint Secretary, Department Of Revenue, Mnistry Of Finance, Having Its Office At Udyog Bhavan, North Block, New Delhi- 110001, District : New
Delhi,
Delhi 2 - State Of Chhattisgarh Through The Principal Secretary, Government Of Chhattisgarh At Mahanadi
Bhawan,
Atal
Nagar,
Raipur
492002
Chhattisgarh 3 - Joint Commissioner Of State Tax, Bilaspur Division 2, Bilaspur 495001 Chhattisgarh 4 - Additional Commissioner Of State Tax, Commercial Tax Department, Gst Bhawan, North Block, Sector 19, Atal Nagar, Raipur 492101 Chhattisgarh ... Respondents For Petitioners : Mr. Rishabh Garg, Advocate For Respondent No. 2-4 : Mr. Garry Mukopadhyay, Government Advocate
2 / 2
Hon’ble Shri
Arvind Kumar Verma, Judge
The judgment continues below.
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