Baiguram vs. State Of Chhattisgarh

WPC/4999/2021HC ChhattisgarhGSTCNR CGHC01031107202131 January 2024Bench: HON'BLE SHRI JUSTICE RAKESH MOHAN PANDEY2 pages
AI SummaryDismissed

Facts

The petitioners, Baiguram and others, filed a writ petition before the High Court of Chhattisgarh, Bilaspur. The respondents included the State of Chhattisgarh through various departments and officials, as well as M/s I.T. Solution, a service provider. The specific tax period and the exact order or action under challenge are not detailed in the provided text. The procedural history is limited to the filing of the writ petition and the subsequent submission by the petitioners' counsel.

Held

The Court accepted the submission made by the learned counsel for the petitioners that the petition had become infructuous due to the efflux of time. Consequently, the Court decided to dismiss the writ petition on this ground. The reasoning is solely based on the statement made by the petitioners' counsel. No other issues were considered or decided by the Court. The operative direction was to dismiss the petition. No specific provisions of the GST Act or Rules were discussed in relation to the dismissal.

Key Issues

The primary issue before the Court was whether the writ petition had become infructuous. The petitioners' counsel submitted that due to the efflux of time, the petition was no longer maintainable. The State and the service provider's positions on this matter are not recorded. The question of law, if any, that the Court had to decide was whether a petition rendered infructuous by the passage of time should be dismissed. This turns on the procedural rules governing the maintainability of writ petitions when the underlying cause of action has ceased to exist.

AI-generated summary — verify with the full judgment below

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4999 of 2021

1.

Baiguram S/o Darbari Aged About 50 Years R/o Village Kalipur, Post Mahgai, Police Station Ramanujnagar, Tehsil Premnagar, District Surajpur Chhattisgarh.

2.

Shivendra Pratap Singh S/o Late Ripudman Singh Aged About 45 Years R/o Kedarpur Nagar, Ambikapur , Tehsil Ambikapur , District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

3.

Dashmet W/o Geda , R/o Vilalge Koteya, Tehsil Pratappur, District Surajpur Chhattisgarh.

4.

Bagholan S/o Balbhadra Aged About 60 Years R/o Badkagaon, Tehsil Wadrafnagar, District Balrampur Chhattisgarh. ---- Petitioners Versus

1.

State Of Chhattisgarh Through Secretary, Commercial Tax And Excise And Registration, Department , 2nd Floor, Commercial Tax Department , Gst Bhawan, North Block Sector 19, Capital Complex , Atal Nagar, Nawa Raipur , District Raipur Chhattisgarh.

2.

Secretary Revenue And Disaster Management Department Mahanadi Bhawan , Mantralaya Capital Complex , Atal Nagar, Nawa Raipur , District Raipur Chhattisgarh.

3.

Inspector General Of Registration Chhattisgarh Raipur District Raipur Chhattisgarh.

4.

District Registrar (Registration) O

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.