Radhakishan Infra Developers ... vs State Of Rajasthan
2021 Latest Caselaw 17112 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9630/2020

Radhakishan Infra Developers Private Limited, Through Its Director Radha Kishan S/o Shri Raghunath Ram, Aged About 62 Years, R/o Tankipura, Degana, District Nagaur, Rajasthan 341503.

----Petitioner Versus

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

2. The Commissioner, Commercial Taxes Department, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Commercial Taxes Officer, Circle Nagaur, Nagaur, Rajasthan.

4. The Union Of India, Through Its Secretary, Ministry Of Finance, Nirman Bhawan, New Delhi.

----Respondents

For Petitioner(s) : Mr. Kuldeep Mathur Mr. Mahaveer Sharma For Respondent(s) : Mr. Hemant Dutt

JUSTICE DINESH MEHTA

Order

16/11/2021

1. Mr. Mathur, learned counsel for the petitioner submits that

the controversy involved in the present writ petition is squarely

covered by the judgment dated 18.05.2018, passed by this Court

in bunch of writ petitions led by S.B. Civil Writ Petition

No.5506/2018 : Hindustan Zinc Ltd. Vs. The State of Raj. & Ors.,

which has been affirmed by the Division Bench of this Court vide

judgment dated 01.08.2019, passed in D.B. Special Appeal Writ

No.1580/2018 : State of Raj. Vs. M/s. J.K. Lakshmi Cement Ltd.

(2 of 2) [CW-9630/2020]

2. Mr. Hemant Dutt, learned counsel for the respondents is not

in a position to dispute the aforesaid position of facts and law. He,

however, points out that on 28.03.2021 the labour provision has

been amended and in view of the aforesaid the petitioner is not

required to fill 'C' form even for the purpose sought for.

3. It is also argued that the petitioner is a contractor engaged

in construction of roads and thus, it cannot be said that he is

involved in mining activities.

4. Having regard to the pleadings of the petitioner and

considering that he has obtained short term permission for

excavation of stones for the purpose of gitti and sand, the writ

petition is allowed.

5. The respondents are directed to issue 'C' form to the

petitioner for the period prior to 28.03.2021.

6. It is hereby made clear that this Court has not pronounced

upon petitioner's right to claim 'C' form after the amendment of

28.03.2021.

7. Stay petition also stands disposed of accordingly.

(DINESH MEHTA),J

165-Ramesh/-

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