Ashrita D/O Uma Prasad Kotha vs The Union Of India Through Its ...
2023 Latest Caselaw 11572 Bom

                                                                                       9-PIL.78.2018


         Jvs.
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                              PUBLIC INTEREST LITIGATION NO. 78 OF 2018


                      Ashrita D/o. Uma Prasad Kotha                 }        Petitioner
                               versus
                      The Union of India & Ors.                     }        Respondents


                      Mr. S. B. Talekar, i/b. Talekar and Associates for the
                      petitioner.
                      Mr. D. P. Singh with Mr. Satyaprakash Sharma for
                      respondents 1 to 4.
                      Mr. O. A. Chandurkar, Additional Government Pleader
                      with Ms. R. A. Salunkhe, AGP for State.


                                     CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
JAYANT                                      ARIF S. DOCTOR, J.

VISHWANATH SALUNKE DATE: 8th NOVEMBER 2023 Digitally signed by JAYANT VISHWANATH SALUNKE Date: 2023.11.08 P.C.:

18:45:48 +0530

1. The learned counsel representing the Union of India states that so far as prayer clause (B), which is in relation to declaration of the Goods and Service Tax (Compensation to States) Act, 2017 as ultra vires to the Constitution is concerned, the prayer has been rendered infructuous in view of the judgment of the Hon'ble Supreme Court in the case of Union of India and Anr. vs. Mohit Mineral Private Limited reported in (2018) 13 S.C.R. 139.

2. Learned counsel for the petitioner, however, states that under challenge in this petition, apart from the constitutionality of the Goods and Service Tax (Compensation to States) Act, 2017, 16 other enactments are under challenge.

9-PIL.78.2018

3. Stand over to 20th December 2023 to enable the learned counsel representing the respondents to obtain instructions.

(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)