Sunita Bhandari vs State Of Rajasthan
2021 Latest Caselaw 19269 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9894/2020

Kaushal Narayan Joshi S/o Late Sh. Madan Mohan Ji Joshi, Aged About 47 Years, Resident Of Damji Vyas Ka Chowk, Navchokiya, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary To The Government, Department Of Finance, Government Of Rajasthan, Jaipur.

2. The Commissioner, Commercial Tax Department, Jaipur.

3. Joint Commissioner, Circle-F, State Tax, Jodhpur.

----Respondents Connected With S.B. Civil Writ Petition No. 12314/2020 Smt. Sunita Vyas W/o Shri Sunil Kumar Vyas, Aged About 47 Years, Resident Of Plot No. 449-A, Ist C Road, Sardarpura, Jodhpur (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary To The Government, Finance (Budget) Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Commissioner, Commercial Taxes Department, Rajasthan, Jaipur.

3. Additional Commissioner (Administration), State Tax, Jodhpur.

4. Assistant Commissioner, Commercial Taxes Department, Circle-A, Jodhpur.

----Respondents S.B. Civil Writ Petition No. 12326/2020 Sunita Bhandari W/o Late Shri Sanjay Bhandari, Aged About 53 Years, Resident Of Plot No. 3, Rajeshwar Medical Store Ki Gali, Near Balaji Temple, Lal Maidan, Paota C Road, Jodhpur (Rajasthan)

----Petitioner

(2 of 4) [CW-9894/2020]

Versus

1. State Of Rajasthan, Through The Secretary To The Government, Finance (Budget) Department, Government Of Rajasthan, Secretariat, Jaipur

2. Commissioner, Commercial Taxes Department, Rajasthan, Jaipur

3. Deputy Commissioner, State Tax (G.s.t.), Circle - C, Jodhpur

----Respondents S.B. Civil Writ Petition No. 12331/2020 Mohammad Iqbal S/o Shri Jamaludeen, Aged About 53 Years, Resident Of Near Kaga Basti, Outside Nagori Gate, Jodhpur (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary To The Government, Finance (Budget) Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Commissioner, Commercial Taxes Department, Rajasthan, Jaipur.

3. Deputy Commissioner, State Tax (G.s.t.), Circle - C, Jodhpur.

----Respondents

For Petitioner(s) : Mr. H.K. Purohit.

Mr. Mukesh Vyas.

For Respondent(s) : Mr. Sunil Bhandari.

Mr. Hemand Dutt.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

17/12/2021

These writ petitions have been filed by the petitioners

aggrieved against the implementation of the order dated

31.07.2020 (Annex.1) in SBCWP No.9894/2020, order dated

12.10.2020 (Annex.4) in SBCWP No.12331/2020, order dated

(3 of 4) [CW-9894/2020]

04.09.2020 (Annex.4) in SBCWP No.12314/2020, order dated

12.10.2020 (Annex.4) in SBCWP No.12326/2020 and

consequential recovery from the petitioners.

Counsel for the parties submit that the issue raised in the

present writ petition is covered by judgment in Santosh Sharma

vs. State of Rajasthan : DBCWP No.5920/2021 decided on

25.11.2021, wherein the legality of the Notification dated

30.10.2017, which was the basis for passing of the impugned

orders, was challenged and therefore, the present writ petition

may also be decided in the light of judgment in the case of

Santosh Sharma (supra).

In the case of Santosh Sharma (supra), the Division Bench

inter alia directed as under: -

"Under the circumstances, all these petitions are disposed of with the following directions:-

(i) Let the Government reconsider the entire issue as is stated before us. Final decision preferably may be taken by 28th February, 2022.

(ii) After the decision is taken by the Government, if any of the grievances of the petitioners survive, it would be open for them to file fresh petitions.

(iii) Till fresh decision is taken, the State Government shall not make any further recovery on the basis of the notification dated 30th October, 2017.

(iv) Recoveries already made from the pensioners would be refunded, subject to final decision of the Government, subject to further challenge. We are informed that in some of the petitions additional

(4 of 4) [CW-9894/2020]

issues have also been raised. None of these issues would get affected by this order. It would be open for the petitioners to file an independent petition, as may be advised subject to all objections of the Government which are kept open.

All pending applications are also disposed of."

In view of submissions made, the writ petitions filed by the

petitioners are disposed of in the light and with similar directions

as given in the case of Santosh Sharma (supra).

(ARUN BHANSALI),J

93-pradeep/-

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