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Madras High CourtWP/26762/2019disposed of

Revenue Bar Association, v. Union Of India,

2023-09-21Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Revenue Bar Association New No.115 (First Floor) Luz Church Road, Mylapore Chennai 600 004 Rep. by its Secretary K.A.Parthasarathi.

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Petitioner Vs.

Union of India Rep. by Jt. Secretary, Ministry of Finance Department of Revenue North Block New Delhi 110 001.

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Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration to declare the Goods and Services Tax Appellate Tribunal (Appointment and Conditions of Service of President and Members) Rules, 2019 framed by the respondent vide Notification No.GSE 584(E) dated 21st August 2019 as void, defective and unconstitutional, being violative of Articles 14, 21 and 50 of the Constitution of India and the doctrine of separation of powers and independency of judiciary, which are part of the basic structure of the Constitution of India and further contrary to the principles laid down by the Hon'ble Supreme Court of India in Union of India v. R.Gandhi (2010) 11 SCC 1.

For the Petitioner : Mr.Rahul Unnikrishnan For the Respondent : Mr.AR.L.Sundaresan Additional Solicitor General For Mr.K.Srinivasamoorthy

ORDER

(Made by the Hon'ble Chief Justice) Learned counsel for the petitioner submits that subsequent to the filing of the writ petition, amendment has been notified and thus, the writ petition has become infructuous.

2. In the light of the statement made by learned counsel for the petitioner that the writ petition has become infructuous, the writ petition is disposed of as infructuous. There will be no order as to costs. Consequently, W.M.P.No.26150 of 2019 is closed. (S.V.G., CJ.) (P.D.A., J.) 21.09.2023 Index :

Yes/No :

Yes/No kpl

To The Joint Secretary Ministry of Finance Department of Revenue North Block New Delhi 110 001.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 21.09.2023