Patna High Court
M/s Patliputra Hytech Infra Private LimitedversusThe Union of India
- Decided
- Disposal
- WITHDRAWN
Holding
The High Court allowed the withdrawal of the writ petition and dismissed it as not pressed.
Summary
M/s Patliputra Hytech Infra Private Limited filed a civil writ petition before the Patna High Court challenging a tax assessment by the Union of India and the State of Bihar. The petitioner later sought the court's permission to withdraw the writ application in order to pursue an appeal before the appropriate tax tribunal. The learned counsel for the petitioner argued that the writ was no longer necessary as an alternative remedy was available. The court examined whether a petitioner may withdraw a pending writ and whether the court can dismiss the petition as not pressed. The judges granted permission to withdraw, dismissed the writ as not pressed, and allowed the petitioner liberty to approach the appropriate forum for relief.
Issues considered
- Whether a petitioner may withdraw a pending writ petition before the High Court
- Whether the High Court can dismiss a writ petition as not pressed upon the petitioner's request
Subjects
- writ jurisdiction
- withdrawal of petition
- alternative remedy
- tax assessment
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8266 of 2026
======================================================
M/s Patliputra Hytech Infra Private Limited a Private Limited Company
incorporated under the Companies Act, 1956 having its registered office at 7 th
Floor, P. Mall Exhibition Road, District- Patna-14 through its Director namely
Mr. Mukesh Kumar, aged about 29 years, son of Jai Mangal Prasad Singh,
Resident of Gurian, Chandes, Nuawon, Kaimur (Bhabhua), P.O. Nuawon, P.S.
Chandes, District Kaimur (Bhabhua), Bihar (802132).
... ... Petitioner
Versus
1. The Union of India through the Secretary, Ministry of Finance, (Department
of Revenue) No.- 137, North Block, New Delhi-110001.
2. The State of Bihar, through the Commissioner and Secretary, Finance
Department, Vikas Bhawan, Bailey Road, Patna- 800015.
3. The Assistant Commissioner of State Tax, Patna Central 2, Patna West,
Bihar Ground Floor, Chandpura Palace, Opposite Dadi Maa Temple, Bank
Road, West Gandhi Maidan, Patna, Bihar- 800001.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Amit Kumar Singh, Advocate
For the Respondents : Mr. Amit Kumar Pandey, Advocate
Ms. Shilpi Keshri, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 10-07-2026 Mr. Amit Kumar Singh, learned counsel for the
petitioner seeks permission to withdraw this writ application in
order to avail alternative remedy of appeal before the learned
Tribunal.
2. Learned counsel for the CGST is present.
3. Permission is granted.
4. This writ application is dismissed as not pressed,
Patna High Court CWJC No.8266 of 2026(2) dt.10-07-2026
2/2
but with liberty to the petitioner to seek his remedy before
appropriate forum, as may be advised to him.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
lekhi/-
U
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