A K SRIVASTAV vs. CENTRAL BOARD OF DIRECT ORS

CW/2712/2011HC RajasthanRJHC02025062201120 March 2024Bench: AVNEESH JHINGAN,BHUWAN GOYAL1 pages

AI SummaryDismissed

What did the High Court hold?

The Tribunal decided to dismiss the writ petition for non-prosecution. The reasoning was based on the submission by the petitioner's counsel that no instructions were received from the petitioner to pursue the case. The Tribunal granted liberty to the petitioner to file an application for recalling the order if the cause of action still survives. The ratio decidendi is that a writ petition can be dismissed for want of prosecution if the petitioner or their counsel is unable to proceed with the case due to lack of instructions or non-appearance, subject to the possibility of seeking recall of the order.

What were the facts?

The petitioner, A.K. Srivastav, filed a civil writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondents included the Central Board of Direct Taxes, the Additional Director of Income Tax (Investigation), the Chief Secretary of the Government of Rajasthan, and officials of Rajasthan Rajya Vidyut Prasaran Nigam Ltd. The petition was filed challenging an order or action, though the specific nature of the challenge and the assessment year(s) are not detailed in the provided text. The procedural history indicates that the matter reached the stage of final hearing before a Division Bench.

What were the issues?

The primary issue before the Tribunal was whether the writ petition should be dismissed for non-prosecution. The petitioner's counsel stated that despite best efforts, no instructions were received from the petitioner to enable her to pursue the petition. The respondents' contentions are not recorded in the judgment. The question of law is whether a writ petition can be dismissed for non-prosecution when the petitioner's counsel is unable to proceed due to lack of instructions.

AI-generated summary — verify with the full judgment below

[2024:RJ-JP:14079-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 2712/2011 A. K. Srivastav S/o Shri R.K. Srivastav aged about 57 years, R/o House No. 30 B, 1st Floor, Uma Path, Ram Nagar, Sodala, Jaipur (Rajasthan). ----Petitioner Versus 1. The Central Board Of Direct Taxes, Through its Chairman, North Block, New Delhi. 2. The Additional Director of Income Tax (Investigation), Income Tax Department, Central Revenue Building, Statue Circle, Jaipur. 3. The Chief Secretary, Government of Rajasthan, Secretariat, Jaipur. 4. The Chairman & Managing Director, Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Vidyut Bhawan, Jan Path, Jyoti Nagar, Jaipur. 5. The Secretary, Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Vidyut Bhawan, Jan Path, Jyoti Nagar, Jaipur. ----Respondent For Petitioner(s) : Mr. Aryan Singh Chouhan For Respondent(s) : HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 20/03/2024 1. Learned counsel for the petitioner submits that in spite of best efforts no instructions are received from the petitioner to unable her to pursue the petition. 2. The petition is dismissed for non-prosecution. 3. The petitioner shall be at liberty to move an application for recalling of the order in case cause of action still survives. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J Monika/Chandan/10

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