Citation : 2025 Latest Caselaw 14924 Raj
Judgement Date : 6 November, 2025
[2025:RJ-JD:47539-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 16547/2025
M/s Jai Mines And Minerals, Through Its Proprietor Shri Jai Singh
Bhati S/o Shri Roop Singh Ji Bhati, Aged About 68 Years, Having
Its Address At E-16, Aashiana Amarbagh, Near D-Mart,
Jhalamand, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Union Of India, Ministry Of Finance, Department Of
Finance, Through Its Secretary (Finance).
2. State Of Rajasthan, Ministry Of Finance, Department Of
Revenue, Through Secretary, State Goods Service Tax
Department, Jaipur, Rajasthan.
3. Superintendent, Central Goods And Service Tax Range-Iv,
Jodhpur, Having Its Office At -2-E/1, Subhash Enclave,
Opposite To Airforce Kendriya Vidyalaya No.1, Abhaygarh
Scheme, Jodhpur, Rajasthan
4. Assistant Commissioner, State Tax, Ward I, Circle-C,
Jodhpur-1
----Respondents
For Petitioner(s) : Mr. Pradeep Singh Khichi.
For Respondent(s) : Mr. Mahaveer Bishnoi, AAG.
Mr. Rajat Arora.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order
06/11/2025
1. It is jointly informed by learned counsel for the parties that
the issue in question has been adjudicated by the Hon'ble Apex
Court in the matter of Mineral Area Development Authority &
Anr. v. M/s. Steel Authority of India & Anr. Etc. (Civil
Appeal Nos.4056-4064 of 1999 decided on August 14, 2024.
(Uploaded on 07/11/2025 at 04:49:01 PM)
[2025:RJ-JD:47539-DB] (2 of 2) [CW-16547/2025]
2. Since the principles of law have been laid down by the
Hon'ble Apex Court in the case of MADA (supra), therefore, in the
interest of justice, the Order-in-Original dated 19.06.2024
(Annexure-2) is quashed and set aside and the matter is
remanded back to the respondents with a direction to re-examine
the issue afresh in light of the directions issued in the aforesaid
judgment and to pass appropriate orders, strictly in accordance
with law. It shall be open for both the parties to take their stand
regarding the show cause notice.
3. Accordingly, the writ petition is partly allowed. All pending
applications, if any, stand disposed of.
(ANUROOP SINGHI),J (DR.PUSHPENDRA SINGH BHATI),J
10-Zeeshan
(Uploaded on 07/11/2025 at 04:49:01 PM)
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