CWP No. 843 of 2005 24.4.2009 Present: Mr. Surinder Sharma, counsel for the petitioner. Mr. R.K.Bawa, AG with Mr. P.K. Sharma, Addl. AG, Mr. P.M. Negi, Dy. AG and Mr. Ramesh Thakur, Assistant Advocate General for respondents It is stated by learned counsel for the petitioner that at the time of filing of the petition, all the manufacturing units had not been notified as the persons authorized to collect tax under section 3 of the Himachal Pradesh Taxation (on certain Goods carried by Road ) Act, 1999, but during the pendency of the petition, vide notification dated 25th August, 2005, remaining units have also been notified and thus there is no discrimination. He says that there has been a settlement between the petitioner and respondent No.3, per which, the petitioner unit will be required to pay the tax not from the date of its notification as tax collector, i.e. 28th December, 2004, but from the date when all similarly situated units have been notified as tax collectors i.e. 20th August, 2005. He says that he has been made available copy of a communication to this effect, addressed by the Excise and Taxation Inspector, to the petitioner. In view of the above stated position, learned counsel for the petitioner seeks to withdraw the petition as having become infructuous. Hence, petition is dismissed as withdrawn. ( R.B.Misra ), J. ( Surjit Singh ), J. 24th April, 2009(sl)