Hanumant Enterprises vs. Commissioner Department Of Trade And Taxes GST State & Anr.
Held
The Court held that since the petitioner's grievance was largely redressed and the counsel had instructions to withdraw the writ petition, the petition should be dismissed as withdrawn. The reasoning was based solely on the petitioner's request and the absence of any opposition from the respondents. The Court did not delve into the merits of the original grievance or the underlying GST matter. Consequently, all pending applications related to the writ petition were also closed. No specific provisions of the GST Act or Rules were discussed or interpreted.
Facts
The petitioner, Hanumant Enterprises, filed a writ petition before the Delhi High Court challenging an order or action by the Commissioner, Department of Trade and Taxes GST State, and another respondent. The specific tax period(s) and the amount in dispute are not recorded in the judgment. The procedural history leading to the filing of the writ petition is also not detailed. The matter came up for hearing before a Division Bench of the High Court.
Key Issues
The primary issue was whether the writ petition should be allowed to be withdrawn. The petitioner's counsel stated that the petitioner's grievance has been largely redressed and sought permission to withdraw the petition. The respondents, represented by the Additional Standing Counsel, did not appear to oppose the withdrawal. The Court had to decide whether to permit the withdrawal of the writ petition based on the petitioner's submission.
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Cause title — parties, addresses and appearances
O R D E R %
2022
[Physical court hearing/ hybrid hearing (as per request)]
Mr Prabhat Kumar, who appears on behalf of the petitioner, says that since the petitioner’s grievance is largely redressed, he has instructions to withdraw the writ petition.
The writ petition is, accordingly, dismissed as withdrawn.
Consequently, pending application shall stand closed.
RAJIV SHAKDHER, J
POONAM A. BAMBA, J
MAY 17, 2022/aj
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