Patna High Court
Phunandra Sharma @ Phunendra SharmaversusThe Commissioner (Appeals) of Customs Central GST and Central Excise
- Decided
- Disposal
- DISMISSED
Holding
The writ petition is dismissed as not pressed following the petitioner’s request for withdrawal.
Summary
The petitioner, Phunandra Sharma, filed a civil writ petition before the Patna High Court challenging certain orders of the Customs and GST authorities. During the proceedings, the petitioner’s counsel moved before the court to withdraw the petition. The respondents, represented by the Senior Standing Counsel for CGST, raised no objection to the withdrawal. The Court examined whether a petition already instituted could be withdrawn at the petitioner's request. Finding no impediment and noting the respondents’ consent, the Court ordered that the writ petition stand dismissed as not pressed. Accordingly, the proceedings were terminated.
Issues considered
- Whether a civil writ petition can be withdrawn after it has been filed and proceedings commenced
Subjects
- withdrawal of writ
- civil writ jurisdiction
- petition dismissed
- not pressed
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13434 of 2025
======================================================
Phunandra Sharma @ Phunendra Sharma Son of Shukedev Sharma, Resident
of M/s Banka Gun House, 0, Katoriya Road, Shiv Ashish Market, Banka,
P.S.- Banka, District- Banka.
... ... Petitioner/s
Versus
1. The Commissioner (Appeals) of Customs Central GST and Central Excise Patna.
2. The Additional Commissioner (Appeals), Central GST and Central Excise Patna.
3. The Pr. Commissioner, Central GST and Central Excise Patna-I.
4. The Commissioner, Commercial Taxes Bihar Vikash Bhawan, Patna.
5. The Deputy Assistant Commissioner, CGST and CX Bhagalpur Division.
6. The Superintendent CGST and CX Banka Range, Banka.
7. The Superintendent CGST and CX, Katihar Range.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Respondent/s : Mr. Sriram Krishna, Sr. Standing Counsel
for CGST
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 29-04-2026 The learned counsel for the petitioner seeks to withdraw
the present writ petition to which learned counsel for the
respondents has got no objection.
2. Accordingly, the present writ petition stands dismissed
as not pressed.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
kanchan/-
U
Checking your session…