Tek Chand Negi vs. Sjvn LTD And Others
Held
The Court noted that the petitioner's claim relating to the imposition of GST had been settled, as evidenced by the status report filed by respondent No.1. The counsel for the petitioner, on instructions, expressed satisfaction with this report. Consequently, the Court found the writ petition to be rendered infructuous. The petition was disposed of on this basis. No specific findings were made on the merits of the GST imposition itself, as the matter was resolved by the settlement and the petitioner's acceptance of it. Pending applications were also disposed of.
Facts
The petitioner, Tek Chand Negi, filed a writ petition before the Himachal Pradesh High Court challenging an order related to the imposition of GST. The petition was filed against Satluj Jal Vidyut Nigam Ltd. and others. On November 11, 2024, the Court directed respondent No.1 (Satluj Jal Vidyut Nigam Ltd.) to decide the petitioner's claim concerning the imposition of GST. A status report was subsequently filed by respondent No.1, indicating that the claim has been settled. The counsel for the petitioner, on instructions, stated that they were satisfied with the status report.
Key Issues
1. Whether the petitioner's claim relating to the imposition of GST has been adequately addressed and settled by respondent No.1, as per the Court's previous order dated 11.11.2024? Petitioner's Contention: The petitioner's counsel, on instructions, stated satisfaction with the status report filed by respondent No.1, indicating acceptance of the settlement of the GST claim. Revenue/State's Contention: The judgment does not record any specific arguments or contentions from the respondents (State and GST authorities) regarding the settlement of the GST claim. Their role appears to be in response to the Court's directions and the petitioner's satisfaction.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1492 of 2019
Decided on: 23.12.2024 Tek Chand Negi ...Petitioner Versus Satluj Jal Vidyut Nigam Ltd. & others ...Respondents Coram Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? No. For the petitioner: Mr. Vinay Mehta, Advocate. For the respondents: Ms. Manisha Thamta, Advocate vice Mr. Prashant Chaudhary, Advocate, for respondent No.
Mr. Sushant Kaprate, Additional Advocate
General,
for the respondents-State. Mr. Vijay K. Arora, Senior Advocate with Ms. Lalita Sharma and Mr. Gaurav Kumar, Advocates, for respondent No.
Tarlok Singh Chauhan, Acting Chief Justice
(Oral) Vide order dated 11.11.2024, we had directed respondent No.1 to decide the claim of the petitioner relating to imposition of GST.
The claim has now been settled as is evident from the status report filed by respondent No.1. 2
Learned counsel for the petitioner on instructions states that he is satisfied with the said report.
Once that be so, the instant petition is ren
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Himachal Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.