Swastika Ingot PVT.LTD, Sundargarh vs. The Addl Commissioner, GST And Central Excise, Bhubaneswar

WP(C)/11302/2026HC OrissaGSTCNR ODHC01020915202615 October 2026Bench: DR. JUSTICE S.K. PANIGRAHI,MR. JUSTICE SANJAY KUMAR MISHRA2 pages
AI SummaryWithdrawn

Facts

The petitioner, Swastik Ingot Pvt. Ltd., filed a writ petition before the High Court of Orissa at Cuttack. The petition was against the Additional Commissioner, GST and Central Excise, Bhubaneswar Commissionerate, and others. The specific tax period and the 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 filing of a memo by the petitioner seeking to withdraw the petition.

Held

The Court held that the petitioner's request to withdraw the writ petition be granted. The Court allowed the withdrawal, granting the petitioner the liberty to file a better writ petition. The reasoning was based solely on the petitioner's memo seeking permission to withdraw. No decision was made on the merits of the original writ petition. The operative direction was to dispose of the writ petition as withdrawn with liberty granted.

Key Issues

The Court had to decide whether to grant the petitioner's request to withdraw the writ petition. The petitioner argued that they wished to withdraw the petition to file a better writ petition. The revenue or State's arguments are not recorded in the judgment. No specific legal provisions or precedents were cited in the provided text for either party's arguments.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11302 of 2026 [CNR No.ODHC010209152026] Swastik Ingot Pvt. Ltd., Rourkela …. Petitioner(s) Mr. Bhabani Prasad Mohanty, Adv. -versus- The Addl. Commissioner, GST and Central Excise, Bhubaneswar Commissionerate and others …. Opposite Party(s) Mr. Bismay Anand Prusty, Senior Standing Counsel CORAM: HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI HON’BLE MR. JUSTICE SANJAY KUMAR MISHRA Order No. 02.

ORDER 15.10.2026

1.

This matter is taken up through Hybrid Arrangement (video conferencing/physical mode).

2.

Learned counsel for the Petitioner files a memo dated 15.10.2026 in Court today seeking permission of this Court to withdraw the present Writ Petition, with liberty to file a better Writ Petition. The said Memo is taken on record.

3.

Permission is granted.

4.

In view of such memo filed, the present Writ Petition stands disposed of as withdrawn with the liberty as prayed for.

(Dr. Sanjeeb K Panigrahi)

The judgment continues below.

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Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.