M/S Shri Barfani Securities Services (Proprietorship Firm) Bearing GST No. 23Adspt8923E1Z4 vs. The State Of Madhya Pradesh

WP/6645/2023HC Madhya PradeshGST14 September 2023Bench: HON'BLE SHRI JUSTICE SANJAY DWIVEDI2 pages
For Petitioner: Gourav ThakurFor Respondent: Advocate General
AI SummaryWithdrawn

Held

The Court allowed the petitioner's prayer to withdraw the writ petition. The Court held that the petition is dismissed as withdrawn with the liberty granted to the petitioner to file afresh if the occasion arises. No specific findings were made on the merits of the case as the petition was withdrawn. The ratio decidendi is that a party can withdraw a writ petition with liberty to refile, subject to the Court's approval. The operative direction was to dismiss the petition as withdrawn with liberty.

Facts

The petitioner, M/s Shri Barfani Securities Services, a proprietorship firm, filed a writ petition before the High Court of Madhya Pradesh at Jabalpur. The respondents included the State of Madhya Pradesh, the Municipal Council Sarni, and its officials. The specific tax period and the order or action under challenge are not detailed in the provided judgment excerpt. The amount in dispute is also not mentioned. The procedural history is limited to the filing of the writ petition and its subsequent withdrawal.

Key Issues

1. Whether the petitioner is entitled to withdraw the writ petition with liberty to file afresh if occasion arises, as per the law governing writ proceedings. Petitioner's Argument: The petitioner's counsel sought to withdraw the petition with liberty to file afresh. No specific arguments were recorded for the respondents regarding the withdrawal of the petition.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJAY DWIVEDI ON THE 14th OF SEPTEMBER, 2023 WRIT PETITION No. 6645 of 2023 BETWEEN:- M/S SHRI BARFANI SECURITIES SERVICES (PROPRIETORSHIP FIRM) BEARING GST NO. 23ADSPT8923E1Z4 THROUGH ITS PROPRIETOR RITESH TANDON S/O LATE SHRI VIJAY TANDON AGED ABOUT 47 YEARS OCCUPATION BUSINESSMAN 1159 NAPIER TOWN TANDON COMPOUND JABALPUR (MADHYA PRADESH) .....PETITIONER (BY SHRI AKSHAY KHANDELWAR - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH DEPARTMENT OF URBAN ADMINISTRATION THROUGH ITS SECRETARY MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2.

MUNICIPAL COUNCIL SARNI THROUGH ITS CHIEF MUNICIPAL OFFICER SARNI DISTRICT BETUL (MADHYA PRADESH)

3.

SHRI C.K. MESHRAM CHIEF MUNICIPAL OFFICER SARNI DISTRICT BETUL (MADHYA PRADESH)

4.

SHRI KISHORE BARDE PRESIDENT MUNICIPAL COUNCIL SARNI SARNI DISTRICT BETUL (MADHYA PRADESH)

5.

SHRI JAGDISH PAWAR VICE PRESIDENT MUNICIPAL COUNCIL SARNI SARNI DISTRICT BETUL (MADHYA PRADESH)

6.

SHRI SANGEETA SURVYAVANSHI CHAIRMAN MUNICIPAL COUNCIL SARNI SARNI DISTRICT BETUL (MADHYA PRADESH) 1 Signed by: ANIL CHOUDHARY Signing time: 9/15/2023 10:24:09 AM Signature

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