Mr. Naveen Rambahadur Shukla vs. The State Of Maharashtra Thru Gp And Ors

WP/4905/2019HC BombayGSTCNR HCBM01006191201912 April 2019Bench: HON'BLE SHRI JUSTICE A.S. OKA,HON'BLE SHRI JUSTICE M.S. SANKLECHA1 pages
AI SummaryWithdrawn

Held

The Court held that in view of the contents of the letter dated April 10, 2019, submitted by respondent No. 4, nothing survived in the writ petition. Consequently, the petition was disposed of. The reasoning was based on the acknowledgment that the letter addressed the concerns or issues that formed the basis of the writ petition, making further adjudication unnecessary. The ratio decidendi is that if a subsequent development, evidenced by a formal communication, resolves the dispute raised in a writ petition, the petition should be disposed of as nothing further survives for consideration.

Facts

The petitioner filed a writ petition before the Bombay High Court challenging an action or order related to GST. The respondent No. 4, through its counsel, submitted a letter dated April 10, 2019, signed by the Deputy Director of GST Intelligence, Government of India, addressed to respondent No. 2. This letter was taken on record by the Court. The contents of this letter rendered the petition infructuous.

Key Issues

1. Whether the contents of the letter dated April 10, 2019, rendered the writ petition infructuous, thereby requiring its disposal? The petitioner contended that the letter submitted by respondent No. 4, which was taken on record, resolved the issues raised in the petition. The revenue or state did not record any specific arguments in opposition to the petition's continuation based on the letter's contents.

AI-generated summary — verify with the full judgment below

1 wp4905.doc ssp FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4905 OF 2019 Office Notes, Office Memorandam of Coram, appearances, Court’s orders or directions  and Registrar’s orders Court’s or Judge’s orders Mr.Amit   G.   Dubey   I/b   Mr.Ashok   M.   Saraogi   for   the Petitioner Mr.N.K.Rajpurohit, AGP for the Respondent No.1 Mr.Pradeep Jetly a/w Mr.Mr.J.B.Mishra for respondent No.4 CORAM  :A.S.OKA  AND

M.S.SANKLECHA,JJ. DATE    :APRIL 12, 2019 P.C.: . Not on board. Taken on board. 1 The   learned   counsel   for   the respondent No.4 has tendered across the bar   a   letter   dated   10th  April   2019 signed   by   the   Deputy   Director   of   GST Intelligence,   Government   of   India addressed to the respondent No.

2.

The letter   is   taken   on   record   and   marked `L­1’ for identification. 2 In   view   of   what   is   stated   in   the letter,   nothing   survives   in   this petition and the same is disposed of. (M.S.SANKLECHA,J.) (A.S.OKA,J.)

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