MAITHAN ALLOYS LTD. Vs. STATE OF MEGHALAYA
HIGH COURT OF MEGHALAYA
Maithan Alloys Ltd.
STATE OF MEGHALAYA
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Biswanath Somadder,J. -
(1.) The issue in the writ petition centers around an Ordinance dated 18th December, 2018, promulgated by the Governor of Meghalaya, under Article 246 of the Constitution of India read with Entry 53 of List II of the Constitution of India, whereby the concerned respondent authorities have amended the Meghalaya Electricity Duty Act.
(2.) During the pendency of the writ petition, the said Ordinance has lapsed and a new Act by the name of the 'Meghalaya Electricity Duty (Amendment and Validation) Act, 2019' has been enacted by the State Assembly. This is evident from the earlier order dated 19th February, 2020, which is reproduced hereinbelow:-
'On the last date of hearing, learned Advocate General submitted that the ordinance which was challenged in the present writ petition has lapsed long time ago and then now a new Act by the name of 'Meghalaya Electricity Duty (Amendment and Validation) Act, 2019 has been enacted by the State Assembly and has provided copy of the notification promulgated the said Act to the learned counsel for the petitioner.
Learned counsel for the petitioner prays for time to seek instructions, if so advised, to challenge the Act.
Matter to come up on 16.04.2020.'
Today when the matter is taken up for consideration, the petitioner remains unrepresented.
Considering the facts and circumstances of the case, we do not find any useful purpose keeping the writ petition pending since the new Act has already come into force and the petitioner is always at liberty to take steps in order to challenge the new Act ' if so advised ' in accordance with law.
The writ petition, therefore, stands dismissed subject to the above observation. ;
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