Authority: High Court at Calcutta, Circuit Bench at Jalpaiguri
Order Date: 10 September 2026
Case Overview
- Parties: M/s Sri Madan Mohan Pharmacy (petitioner) vs. State of West Bengal & Others (respondents).
- Petition (WPA 1944 of 2026) filed on 19 August 2026, challenging an order dated 13 January 2026 passed by the appellate authority, which itself had rejected the petitioner's appeal against an order dated 20 February 2025 issued under Section 73 of the West Bengal GST/CGST Act, 2017.
- Petitioner's counsel, Mr. Dibyajyoti Bhowmik and Mr. Monoj Saha, sought to withdraw the writ petition, citing the availability and functionality of the Appellate Tribunal, and requested liberty to proceed before that tribunal.
- The State’s counsel, Ms. Acharya, raised no objection to the withdrawal.
- The Court considered the petitioner's request and the lack of objection from the State.
Final Outcome
- The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to proceed before the Appellate Tribunal.
- The Court directed that if the petitioner files an appeal before the Appellate Tribunal within two weeks from the date of this order, the Tribunal shall, taking into account the pendency of the writ petition, hear and dispose of the appeal on its merits.
- An urgent photostat certified copy of this order may be obtained by the parties upon compliance with the requisite formalities.
Topics: Legal Procedure, GST Litigation