Writ petition not pressed is disposed of, subject to the binding outcome of pending civil proceedings.

The petitioners challenged, under Article 226 of the Constitution, the Board of Revenue’s order dated 12 April 2022 passed in Revision Case No. RN/12/R/A-6/278/2018.

They sought quashing of that order and restoration of the Commissioner’s order dated 26 September 2018 passed in Case No. 125/A-6/2007-08.

During the hearing, counsel for the petitioners informed the Court that a civil suit concerning the dispute had already been instituted and that the outcome of the suit would determine the parties’ rights.

Whether the writ petition challenging the Board of Revenue’s order should be disposed of as not pressed because a civil suit concerning the dispute was pending.

Whether the judgment and decree ultimately passed by the competent Civil Court would bind the parties and govern any subsequent appropriate proceedings.

The Court exercised its jurisdiction under Article 226 of the Constitution of India, but did not adjudicate the substantive revenue dispute.

Applying the principle that a writ petition may be disposed of when the petitioner elects not to press it, particularly where the underlying civil dispute is pending before a competent Civil Court, the Court directed that the eventual civil-court judgment and decree would bind the parties.

No statutory provision or judicial precedent was discussed or applied on the merits.

The petitioners had sought judicial review of the Board of Revenue’s order and restoration of the Commissioner’s earlier order.

However, because a civil suit had already been filed and was capable of finally determining the parties’ rights, the petitioners chose not to pursue the writ petition at that stage.

The Court therefore refrained from examining the validity of either revenue order and treated the civil proceedings as controlling.

It clarified that the judgment and decree passed by the competent Civil Court would bind all parties, after which an appropriate application could be filed before the concerned court.

The parties were held bound by the judgment and decree ultimately passed in the pending civil suit, with liberty to pursue appropriate consequential proceedings thereafter.

Any pending interlocutory applications were also disposed of.