Mirza Aslam Baig vs. State Of Chhattisgarh

WPCR/155/2020HC ChhattisgarhGSTCNR CGHC01007202202001 December 2021Bench: HON'BLE SMT. JUSTICE RAJANI DUBEY2 pages
AI SummaryWithdrawn

Held

The Court allowed the petitioner's prayer to withdraw the writ petition. The Court granted the petitioner liberty to file a fresh petition against the charge-sheet. Consequently, the writ petition was dismissed as withdrawn with the aforesaid liberty. The Court did not delve into the merits of the case or the underlying dispute related to the charge-sheet, as the petition was disposed of on the petitioner's request for withdrawal.

Facts

The petitioner, Mirza Aslam Baig, filed a writ petition before the High Court of Chhattisgarh, Bilaspur. The respondents were the State of Chhattisgarh through its Secretary, Department of Revenue & Disaster Management, the Inspector General Registration & Superintendent (Stamp), the District Registrar Raigarh, and the In-Charge Police Officer, Police Station Sakti. The specific order or action under challenge and the tax period(s) are not detailed in the provided text. The procedural history indicates that the petitioner sought to withdraw the petition.

Key Issues

The primary issue before the Court was whether the petitioner should be allowed to withdraw the writ petition. The petitioner argued that they wished to withdraw the petition with the liberty to file a fresh petition against the charge-sheet. The respondents' arguments are not recorded in the judgment. The question of law or mixed law and fact revolves around the Court's discretion to permit withdrawal of a petition under such circumstances, particularly concerning the implications for future legal proceedings.

AI-generated summary — verify with the full judgment below

1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 155 of 2020 Mirza Aslam Baig, S/o Late Mirza Mustfa Baig, Aged About 59 Years, R/o Krishna Vihar House No. 142, Raigarh District- Raigarh Chhattisgarh. ---- Petitioner Versus

1.

State of Chhattisgarh Through its Secretary, Department of Revenue & Disaster Management, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

2.

Inspector General Registration & Superintendent (Stamp) 2nd Floor, Commercial Tax Department Gst Building, Sector -19, Capital Complex, Atal Nagar Raipur, District Raipur Chhattisgarh

3.

District Registrar Raigarh, District Raigarh Chhattisgarh.

4.

In-Charge Police Officer Police Station Sakti District- Janjgir-Champa Chhattisgarh. ---- Respondents For Petitioner : Shri Harshmandher Rastogi, Adv. For Respondents : Shri Uddhaw Sharma, G.A. Hon'ble Smt. Justice Rajani Dubey Order on Board 02.12.2021

1.

Learned counsel for the petitioner wants to withdraw this petition with liberty to file a fresh petition against the 2 charge-sheet.

2.

Prayer is allowed.

3.

Accordingly, this petition is dismissed as withdrawn with the aforesaid liberty. (Rajani Dubey)

Judge

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.