Rahul Jeswal v. Superintendent Cgst Haldwani

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (M/B) No. 751 of 2025 11th September, 2025

Rahul Jeswal

--------Petitioner

Versus

Superintendant (CGST), Haldwani -------Respondents ----------------------------------------------------------------------Presence:-

Mr. Daud Ali, learned counsel for the petitioner. Mr. Harsh Rautela, learned counsel holding brief of Mr. Shobhit Saharia, learned counsel for the respondent. ----------------------------------------------------------------------

JUDGMENT : (per Mr. SUBHASH UPADHYAY, J.)

Learned counsel for the petitioner submits that the instant Writ Petition could be disposed of in terms of the Judgment dated 08.07.2025, rendered in Writ Petition No.405 of 2025 M/s Rahul Timber vs. Commissioner Central Goods & Service Tax & another.

2.

The Judgment dated 08.07.2025 passed in Writ Petition (M/B) N0. 405 of 2025 reads as under:

"Learned counsel for the parties submit that the instant writ petition could be disposed of in terms of the judgment dated 17.03.2025, rendered in Writ Petition (M/B) No.71 of 2025, which came to be passed following the order in Writ Petition (M/B) No.39 of 2025, which reads as under:-

"Heard the learned counsel for the petitioner and learned Brief Holder for the State. 2) The facts are not in dispute. Both the counsels are at ad idem regarding the facts. Both the counsels submit that in similar facts a Co-ordinate Bench of this Court while disposing of Writ Petition (S/B) No. 39 of 2025 dated

24.02.2025, was pleased to hold and order as follows: "Ms. Prabha Naithani, learned counsel for the petitioner.

¶2Ms. Puja Banga, learned Brief Holder for the State of Uttarakhand through video conferencing.

¶3Petitioner is a taxable person, registered under GST Act, 2017. His GST registration has been cancelled by Assistant Commissioner, Haridwar-Sector 3 vide order dated 12.03.2024. Challenging the cancellation order, petitioner has filed this Writ Petition.

¶4The show cause notice issued to the petitioner on 23.02.2024 reveals that cancellation has been ordered on account of petitioner's failure to furnish GST returns for prescribed period.

¶5Learned counsel for the petitioner relied upon a judgment rendered by learned Single Judge in Writ Petition (M/S) No. 3283 of 2024, whereby, petitioner in that case was permitted to make application for revocation of the cancellation order and the Competent Authority was directed to consider the application and pass appropriate order as per law, within four weeks thereafter.

¶6Learned counsel for the petitioner submits that a similar order be passed in the present case also.

¶7Ms. Puja Banga, learned Brief Holder submits that she has no objection if petitioner is permitted to move appropriate application for revocation of cancellation order.

¶8Accordingly, present writ petition is disposed of by permitting petitioner to move an application for revocation of the cancellation order. If he makes such application within two weeks from today and also

furnishes all the pending returns and deposits unpaid tax along with interest and amount of penalty, the Competent Authority shall consider the petitioner's prayer for revocation as per law within four weeks from the date of receipt of such application."

3.

Learned counsel for the State Ms. Pooja Banga submits that the instant petitioner also being similarly situated as the petitioner in the aforesaid writ petition, the instant writ petition can also be disposed of on similar terms.

4.

The submission of both the counsel is taken on record.

5.

The present writ petition stands disposed of in terms of relief grated in Para 8 of the Judgment dated

24.02.2025 rendered in Writ Petition (M/B) No.39 of 2025 as referred above.

6.

The Writ Petition stands ordered accordingly.

7.

There shall be no order as to costs.

8.

Pending application, if any, shall stands disposed of.

(G. NARENDAR, C. J.)

(SUBHASH UPADHYAY, J.) Dated: 11.09.2025 Kaushal