M/S Subh Laxmi Cotton Private ... vs Appellate Authority
2022 Latest Caselaw 6312 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               D.B. Civil Writ Petition No. 12502/2021

M/s Subh Laxmi Cotton Private Limited 395 & 397 Opposite
Bungri mata Temple Kharnal, Nagaur, Rajasthan India 341001
Through Its Authorized Signatory Shri Dharmendra kumar
Maheshwari
                                                                    ----Petitioner
                                    Versus
1. Appellate Authority, State Tax Deptt., Ajmer
2. Assistant Commissioner (State Tax) Circle Nagaur Rajasthan
                                                                 ----Respondents

For Petitioner(s) : Mr. Mayank Vyas, Adv. For Respondent(s) : Mr. Sheetanshu Sharma, Adv.

HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

22/09/2022

Matter comes up on an application (No. 1/2022) under

Article 226 of the Constitution of India read with Order VII Rule 10

of CPC for returning the file for being filed in the Court of

competent territorial jurisdiction.

Mr. Sheetanshu Sharma, learned counsel appearing for

Mr. M.S. Singhvi, Advocate General submits that although the

petitioner has challenged the orders dated 15.03.2012 and

05.03.2020 but the petitioner company is located at Nagaur and

the order dated 05.03.2020 rejecting the claim of the petitioner

for subsidy under the Rajasthan Investment Promotion Scheme,

2010 has been passed by an authority situated at Nagaur, which

falls within the territorial jurisdiction of the Principal Seat Jodhpur,

and the Jaipur Bench lacks jurisdiction to entertain the petition. In

support of his contentions, he has placed reliance on the judgment

(2 of 2) [CW-12502/2021]

passed by the Hon'ble Apex Court in the case of Rajasthan High

Court Advocates Association Versus Union of India & Ors. 2001 (2)

SCC 294 and prays that either the writ petition be dismissed or

the same be returned to the petitioner for filing the same at

Principal Seat Jodhpur.

Learned counsel for the petitioner has no objection if copy of

the writ petition alongwith certified copies of the documents are

returned to him for being filed before the Principal Seat at

Jodhpur.

Heard.

Considered.

Taking into consideration the facts and circumstances of

the case and more particularly in view of the fact that the

jurisdiction to entertain this petition lies with the Principal Seat at

Jodhpur, registry is directed to return the writ petition alongwith

certified copies of the documents to the counsel for the petitioner

for presentation before the Principal Seat at Jodhpur, after

retaining a photostat copy of the same on record.

Petition as also the application both stand disposed of

accordingly.

(ANOOP KUMAR DHAND),J (PRAKASH GUPTA),J

Ritu/42

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