Civil Writ Petition No. 3360 of 1988 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 3360 of 1988. Date of decision:- 02.07.2009. M/s Parkash Rice and General Mills ...Petitioner. Versus State of Haryana and another ...Respondents. CORAM: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE JASWANT SINGH Present:- None for the petitioner. Ms. Ritu Bahri, DAG Haryana. Notes:- 1. Whether reporters of local newspapers may be allowed to see the judgment? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. The petitioner has prayed for quashing the notices dated 29.01.1988 (Annexure P-3) and 29.3.1988 (Annexure P-4). It is appropriate to mention that order dated 29.1.1988 (Annexure P-3) has been passed by the Assessing Authority imposing penalty on the petitioner and notice dated 29.3.1988 (Annexure P-4) has been issued for effecting the recovery. In para No.20 of the writ petition, it has been conceded that the appeal was filed by the petitioner before the Joint Excise and Taxation Commissioner (Appeals) and assessment order was challenged before this Court in the year 1988. Even in the preliminary objections of the written statement, filed by respondent Nos.1 and 2, it has been pointed out that the appeal has been filed against the assessment order, which is also conceded in para 20 of the writ petition. When the matter came up for consideration yesterday i.e. 01.7.2009, we have asked the learned State Counsel to find out the result of Civil Writ Petition No. 3360 of 1988 -2- the appeal. Ms. Ritu Bahri, DAG Haryana after seeking instructions has stated that the appeal has been disposed of as no case is pending before any Appellate Authority or before the Tribunal. Therefore as such the instant petition does not survive for adjudication as the order passed in the appeal has given fresh cause of action to the petitioner. In view of the above, the writ petition is dismissed as having been rendered infructuous. (M.M. KUMAR) JUDGE 2nd July, 2008 (JASWANT SINGH) vj JUDGE