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Judgment
Hemant Gupta, J.—The petitioner has sought quashing of the order dated June 2, 2010 (annexure P5) and order in review dated June 10, 2011 (annexure P6) passed by the Haryana Tax Tribunal in an appeal filed by the petitioner. Vide order dated June 2, 2010, the appeal was dismissed for the reason that the petitioner has failed to comply with the condition of pre-deposit. Thereafter, an application for review of the said order was also dismissed. The petitioner has earlier filed VAT Appeal No. 106 of 2012 against the orders now impugned in the writ petition. The said appeal was withdrawn on September 7, 2012 when the following order was passed:
(1) This is an appeal filed u/s 36 of the Haryana Value Added Tax Act, 2003 impugning orders dated June 10, 2011 (annexure A6), June 2, 2010 (annexure A5), August 29, 2007 (annexure A2) and March 31, 2005 (annexure A1).
(2) After arguing for sometime, learned counsel for the appellant prays that he may be allowed to withdraw the present appeal with liberty to the appellant to take recourse to the legal remedies availing to it in accordance with law.
(3) Dismissed as withdrawn. It shall however, be open to the appellant take recourse to the legal remedies available to it in accordance with law.
The petitioner cannot be permitted to invoke the writ jurisdiction of this court after the petitioner has withdrawn the appeal filed against the orders now impugned in the writ petition. The withdrawal of the appeal leads to the affirmation of the order passed by the Tribunal. In view of the above fact, the present writ petition is dismissed.