The Executive Engineer P.W.D., Darjeeling v. The Assistant Commissioner Central Excise And Service Tax, Gangtok

Circuit Bench of Calcutta High Court at Jalpaiguri sm 02.03.

W.P.A. 601 of 2019 The Executive Engineer, P.W.D.

Darjeeling Division.

Versus

The Assistant Commissioner of Central Excise & Service Tax, Gangtok Division, Siliguri Commissionerate & Ors.

It appears that after obtaining an interim order on 30th October, 2019 to the effect that "In the meantime, the adjudicating authority is requested not to proceed with the demand raised in the adjudication order dated 14th August, 2018 until further order", the petitioner is absent on 14th November, 2019, 13th December, 2019, 21st January, 2020 and lastly on 17th February, 2020.

On all these occasions the matter was adjourned and directed to be placed before the next Circuit Bench.

Today also the writ petitioner is absent. It appears that the writ petitioner is not interested to proceed with the matter and only wants to enjoy the interim order which the writ petitioner has obtained. In the facts and circumstances, as aforesaid the writ petition being WPA 601 of 2019 is dismissed for want of prosecution.

The interim order already passed stands discharged.

There shall be no order as to costs.

(ARINDAM MUKHERJEE, J.)