Petitioner allowed to withdraw writ petition with liberty to pursue appropriate proceedings; rights and contentions reserved for consideration. HC permitted the petitioner to withdraw the writ petition with liberty to pursue appropriate proceedings, noting the assessment order has been framed; all ...
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Petitioner allowed to withdraw writ petition with liberty to pursue appropriate proceedings; rights and contentions reserved for consideration.
HC permitted the petitioner to withdraw the writ petition with liberty to pursue appropriate proceedings, noting the assessment order has been framed; all rights and contentions of the petitioner are kept open for consideration in those proceedings. The court addressed delay in filing the appeal by allowing withdrawal rather than deciding merits, preserving the petitioner's ability to raise contestations in any statutory or appellate forum subject to applicable law and limitations.
CM application (Ex.) was "Allowed, subject to all just exceptions." and "The application is disposed of." In W.P.(C) 7057/2024 & CM APPL. 29435/2024 (Stay), since an "assessment order has already been framed," the writ petitioner was granted liberty to withdraw the writ petition "subject to all rights and contentions being kept open to be addressed in appropriate proceedings that may be instituted." The order thus permits withdrawal without prejudice, preserving procedural and substantive remedies for the petitioner to pursue in other forums or proceedings. Procedural disposition is limited to the instant applications; no adjudication was made on the merits of the underlying assessment.
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