Varun Traders vs. Union Of INDIA & Ors.
Held
The Court held that the writ petition had become infructuous. This was based on the submission by the Revenue that the GST portal had been opened and the petitioner's GSTIN registration had been reinstated. The petitioner's counsel confirmed this by producing the relevant intimation and returns filed. Since the grievance that led to the filing of the writ petition was resolved, the Court found no further purpose in continuing the proceedings. The ratio decidendi is that when the substantive relief sought by a petitioner is granted during the pendency of the proceedings, the petition becomes infructuous and liable to be dismissed on that ground. The Court dismissed the writ petition and the pending application as infructuous.
Facts
The petitioner, Varun Traders, filed a writ petition before the Delhi High Court challenging the cancellation of its GSTIN registration. The Court had previously directed the Revenue to consider reopening the GST portal and reinstating the petitioner's GSTIN. On the date of the hearing, the Court was informed that the portal had been opened, and the petitioner's GSTIN was reinstated. The petitioner's counsel presented a copy of the intimation and the relevant returns filed. Consequently, the writ petition was deemed infructuous.
Key Issues
1. Whether the writ petition has become infructuous due to the reinstatement of the petitioner's GSTIN registration? Petitioner's Argument: The petitioner's primary grievance was the cancellation of its GSTIN registration. With the reinstatement of the registration and the portal being opened for filing returns, the core issue raised in the petition has been resolved. Revenue's Argument: The Revenue informed the Court that the GST portal was opened and the petitioner's GSTIN was reinstated, fulfilling the Court's previous directions and resolving the petitioner's grievance.
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Cause title — parties, addresses and appearances
O R D E R %
2019
The petitioner’s grievance was that its GSTIN registration was cancelled. By the previous orders, this Court had directed the Revenue to explore the possibility of opening the GST portal and reinstating the GSTIN. Today, it is informed that the portal was opened and the petitioner’s GSTIN was reinstated. Learned counsel has produced a copy of the intimation and the relevant returns filed by the petitioner. The intimation is hereby taken on the record. In view of the statement made, the writ petition is rendered infructuous. The writ petition is accordingly dismissed as infructuous along with the pending application.
S. RAVINDRA BHAT, J
PRATEEK JALAN, J JANUARY 11,
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