Facts of the Case

This is a state excise/liquor licensing and service-suspension matter, unrelated to GST. Mohit Kumar Jaiswal filed WPCR No.405 of 2021 before the Chhattisgarh High Court against the State of Chhattisgarh's Commercial Tax (Excise) Department, the Excise Commissioner, and the Chhattisgarh State Marketing Corporation Limited, challenging an order dated 22.06.2021 that had also led to his suspension from service, and seeking to quash consequential criminal proceedings threatened against him, along with reinstatement and consequential benefits. At the hearing on 26.07.2023, since no FIR had been registered against the petitioner till that date, his counsel sought to withdraw the petition, with liberty to refile if the occasion arose.

Issues Involved

  1. Whether the petitioner should be permitted to withdraw the writ petition, given that no FIR had yet been registered, with liberty to file it afresh if the occasion arose.

Petitioner's Arguments

  • The petitioner sought permission to withdraw the petition since, as of the hearing date, no FIR had been registered against him, reserving liberty to file a fresh petition if the situation changed.

Respondent's Arguments

  • Counsel for the State and for the Chhattisgarh State Marketing Corporation Limited had no objection to the withdrawal.

Court Order / Findings

  • The Chhattisgarh High Court allowed the withdrawal, and the writ petition was dismissed as withdrawn with the liberty sought by the petitioner.

Important Clarification

No findings were made on the validity of the impugned excise order, the suspension, or any potential criminal proceedings — the petitioner withdrew the matter as a tactical step since no FIR had actually been registered, keeping the door open to litigate again if that changes.

Sections Involved

  • Excise/liquor licensing regulations administered by the Chhattisgarh Commercial Tax (Excise) Department and Chhattisgarh State Marketing Corporation Limited (state excise law, not GST)
  • Constitution of India, 1950 — Article 226 (writ jurisdiction)

Decision – In Favour of

Disposed of as withdrawn at the petitioner's own request, with liberty to refile — no decision was made on the merits of the excise/service dispute.

Case Details

High Court of Chhattisgarh, Bilaspur | WPCR No.405 of 2021 | Coram: Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Smt. Rajani Dubey, Judge | Date: 26.07.2023.

Link to Download the Order

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