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TMI Blog2023 (12) TMI 734X X X X Extracts X X X X X X X X Extracts X X X X ..... are on identical set of facts, they are being decided by way of this common order. For convenience, the facts in Writ Petition No.26871 of 2019 are taken up as the lead case for the purpose of deciding these Writ Petitions. 3. Writ Petition No.26871 of 2019 has been filed by the petitioner seeking for issuance of a Writ of Mandamus challenging the notice dated 10.07.2019 (Annexure P1) initiated under Rule 129 of the Central Goods and Services Tax Rules, 2017(for short 'CGST Act, 2017'). The petitioner had also sought for stay of all the further proceedings pursuant to the summons issued on 22.11.2019 (Annexure P2). 4. The notice and the summons under challenge in the present writ petitions are one which was issued by the respondent No.2/D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the petitioner/cinema operator. It is therefore difficult to pass on the commensurate reduction of price of the tickets by the petitioners on their own for more than one reason. Firstly, for the reason that the price of the tickets are fixed by the State authorities and at the relevant point of time i.e. the period involved in the present case, the prices fixed by the Government was inclusive of the entertainment tax. 8. It was also the contention of the learned counsel for the petitioner that the price of the cinemas which are operated in the theatres varies considering the category to which they belong. Therefore, it is impracticable for passing on the benefits to the recipients, end user or the viewers in the instant case. It was f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for the petitioner submits that another reason for filing the Writ Petition is that the respondent No.2 is based at New Delhi and for every notice; they are required to appear physically at New Delhi which is too cumbersome and time consuming and is also not economical. Learned counsel for the petitioner submits that in fact the Competition Commission of India has refused permission to some petitioners to appear and contest their case virtually, it thus creates pressure and also great inconvenience to the petitioner. 12. Having heard the contentions put forth on either side and on perusal of records; particularly taking into consideration the contents of the notice and the summons, what is apparent is that the notice and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well settled that a writ petition lies when the charges are not established. It is well settled that a writ petition lies when some right of any party is established. A mere show-cause notice or charge-sheet does not infringe the right of anyone. It is only when a final order imposing some punishment or otherwise adversely affecting a party is passed, that the said party can be said to have any grievance. 15. Writ jurisdiction is discretionary jurisdiction and hence such a direction under Article 226 should not ordinarily be exercised by quashing a show-cause notice or charge-sheet." 14. The Hon'ble Supreme Court of India also in the case of SPECIAL DIRECTOR AND ANOTHER Versus MOHD. GHULAM GHOUSE AND ANOTHER (2004) 3 Supreme Court Cases ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmission of India also having its sitting only at New Delhi, it cannot be expected that every person can afford attending the hearing at New Delhi on all the dates of hearing. It is also not practically feasible to expect that the Competition Commission of India would be in a position to take up and decide all those matters which are listed before them on a particular date which would cause further economical hardship to a certain sections of the petitioners who may not be so well to-do. Therefore, we are directing that the Competition Commission of India would take up steps in ensuring that the persons who are interested may be permitted to appear and contest their case before the Commission virtually rather than insisting upon their physi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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