Disposed

Janak Singh v. State of Raj and Ors.

Rajasthan HC1 Aug 2011CW/7970/2010

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Dalip Singh disposed of CWP No.7970/2010 filed by Janak Singh against the State of Rajasthan regarding a tax collection contract default. The court directed the petitioner to submit a detailed representation to the Commissioner, Commercial Taxes with factual grounds and stay recovery for 90 days.

What did the court decide?

Recovery stayed for 90 days pending petitioner's representation to Commissioner; petition disposed of.

Janak Singh Vs State of Raj and Ors. — Contract and Commercial Disputes | Rajasthan HC (2011)

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CWP No.7970/2010

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R

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S.B. Civil Writ Petition No.7970 of 2010

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Janak Singh son of Shri Indra Singh Thekedar VERSUS

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State of Rajasthan and Others

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Date of Order :::: 01.08.2011.

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Hon'ble Mr. Justice Dalip Singh

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Mr. Pushpendra Chansoria, on behalf of Mr. Saransh Saini, Counsel for the Petitioner Mr. R.B. Mathur, Counsel for the Respondents

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By the Court :

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Heard learned counsel for the parties.

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Dispute, which is there in the writ petition is in respect of a contract for collection of tax issued by the respondents for which the petitioner submitted his bid in respect of a particular commodity i.e. `Khanda of Sand Stone'.

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As per averments made in Para No.8 of the writ petition and the supporting documents information submitted by the Mining Engineer under the Right to Information there is no mining lease issued to any person in the Bansur area or as against the Secretary of the concerned Minerals i.e. Khanda Sand Stone, as such the petitioner was unable to recover the amount specified in the contract and had to close down his working after about four months.

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In reply no specific reply has been given to the averments made in Para No.8 of the writ petition.

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CWP No.7970/2010

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In the facts and circumstances, this Court would direct that the petitioner approaches the Commissioner, Commercial Taxes by means of a detailed representation giving full facts available with the petitioner in respect of commodities concerned and the information pertaining to mining lease in the mining commodities in the area and also whether any such minerals was in fact passing through the check post allotted to the petitioner, he may apply to the Commissioner, Commercial Taxes pointing out the mitigating circumstances for taking a decision in the matter in accordance with Condition No.18 of the contract.

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In case, the petitioner submits a detailed representation with full facts and supporting documents before the Commissioner, Commercial Taxes, the Commissioner, Commercial Taxes would take a decision on the same within 90-days of submission of the representation. For a period of 90-days, the recovery against the petitioner of dues as per terms of the contract would remain stayed and the petitioner would abide by the final order passed by the Commissioner, Commercial Taxes on the representation submitted by the petitioner.

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In case, the petitioner still feels aggrieved, the petitioner would be entitled to seek remedy in accordance with law against the order passed by the Commissioner.

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CWP No.7970/2010

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This writ petition and the stay application stand

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accordingly disposed of.

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(Dalip Singh) J.

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Ashok/

Janak Singh v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Janak Singh v. State of Raj and Ors.

Case brief

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