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2025 DAILYLAW 59688 (KAR)

SHRI BANDIGISAB MAHEBOOBSAB BIJAPUR v. THE ASSISTANT COMMISSIONER

WP/102567/2025 · 2025-08-18

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:10321 WP No. 102567 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102567 OF 2025 (T-RES) BETWEEN: SHRI BANDIGISAB MAHEBOOBSAB BIJAPUR AGE: 46 YEARS, OCC. CIVIL CONTRACTOR, R/O. AT POST KOLHAR, UKP OFFICE, BASAVANA BAGEWADI, VIJAYPUR-586210, GSTIN 29BLAPB3464P1ZT. …PETITIONER (BY SRI. H R KAMBIYAVAR, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, SGSTO 421, MUDDEBIHAL. 2. THE JOINT COMMISSIONER COMMERCIAL TAXES (APPEALS), BELAGAVI 560027. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE WRIT OF CERTIORARI OR IN THE LIKE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER OF CANCELLATION OF REGISTRATION DATED. 31.03.2022 VIDE ORDER REF. ZA290322220730Y, PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-B, TO THIS WRIT PETITION. II) ISSUE WRIT OF CERTIORARI OR IN THE LIKE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER U/S. 107(1) OF ACT IN Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10321 WP No. 102567 of 2025 APPEAL NO. GST-462/2024-25/B-1065, DATED. 03.01.2025, PASSED BY RESPONDENT NO.2 VIDE ANNEXURE-C, TO THIS WRIT PETITION. III) ISSUE WRIT OF MANDAMUS OR IN THE LIKE NATURE OF MANDAMUS OR DIRECTION TO THE RESPONDENT NO.1, OR ALTERNATIVELY DIRECT THE RESPONDENT NO.1 TO OPEN THE PORTAL OF THE PETITIONER AND ETC.,. THIS PETITION, COMING ON FOR PRILIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i) Issue writ of Certiorari or in the like nature of certiorari quashing the impugned order of cancellation of registration dated. 31.03.2022 vide order ref. ZA290322220730Y, passed by respondent no.1 vide ANNEXURE-B, to this writ petition. ii) Issue writ of certiorari or in the like nature of certiorari quashing the impugned order u/s. 107(1) of act in appeal no. GST-462/2024- 25/B-1065, dated. 03.01.2025, passed by respondent no.2 vide ANNEXURE-D, to this writ petition. iii) Issue writ of mandamus or in the like nature of mandamus or direction to the respondent no.1, or alternatively direct the respondent no.1 to open the portal of the petitioner. - 3 - HC-KAR NC: 2025:KHC-D:10321 WP No. 102567 of 2025 iv) Pass such other or further orders as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. 2. Learned counsel for the petitioner files a memo, which reads as under: Advocate for Petitioner most respectfully prays that, the top noted Writ Petition is posted for Prl. Hearing on 18.08.2025, by oversight there is a little mistake in facts of the case. However, the Petitioner most humbly pray this Hon’ble Court that, to withdraw the above petition, with liberty to file fresh petition. Wherefore, same may kindly be accepted, to withdraw the above petition, with liberty to file fresh petition, in the interest of justice and equity. 3. The Memo is placed on record. Accordingly, the writ petition is dismissed as withdrawn with liberty to file a fresh petition. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 10