Case Note & Summary
The petitioner, Pushparaj Associates, a registered partnership firm, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioner sought a direction to the fourth respondent, the Deputy Commissioner of Excise, Kodagu District, to renew its licenses in Form CL-9 dated 29.06.2023 bearing No. ES20230623887 valid up to 30.06.2024 and Form CL-7 dated 01.07.2023 bearing No. ES20230628721 valid up to 30.06.2024. During the hearing, the petitioner's counsel filed a memo seeking to withdraw the writ petition on the ground that the fourth respondent had passed an order rejecting the application for grant of licenses in Form CL-9 and CL-7, constituting a fresh cause of action. The court took the memo on record and dismissed the writ petition as withdrawn, granting liberty to the petitioner to file a fresh petition or avail remedies in accordance with law.
Headnote
A) Excise Law - License Renewal - Withdrawal of Petition - The petitioner sought renewal of licenses in Form CL-9 and CL-7 under the Karnataka Excise Act, 1965 - The court permitted withdrawal of the writ petition after the respondent passed an order rejecting the application for grant of licenses, leaving the petitioner to avail fresh remedies - Held that the petition is dismissed as withdrawn with liberty to file a fresh petition (Para 2-3).
Issue of Consideration
Whether the writ petition seeking renewal of excise licenses should be allowed to be withdrawn in light of a subsequent order rejecting the application for grant of licenses.
Final Decision
The writ petition is dismissed as withdrawn with liberty to the petitioner to file a fresh petition or avail remedies in accordance with law.
Law Points
- Withdrawal of writ petition
- subsequent development
- fresh cause of action
