Bench disposed of the writ petition by relying on a recent Division Bench ruling (D.B.CWP No.8745/2014) that issues regarding Supreme Court remits remain pending. The court declined to extend interim orders, directing parties to seek appropriate remedies elsewhere.
Writ petition dismissed; interim orders discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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D.B.Civil Writ Petition No.1180/2009. Bharti Infratel Ltd. VS State of Raj. & Ors.
D.B.Civil Writ Petition No.1180/2009.
Bharti Infratel Ltd. VERSUS State of Rajasthan & Others. 20.01.2015.
HON'BLE MR.JUSTICE AJAY RASTOGI HON'BLE MR.JUSTICE PRAKASH GUPTA
Mr.Atul Saxena, Counsel for the petitioner. Mr.Vishal Sharma, Counsel for respondents.
Parties are in agreement that question raised in the instant petition has been decided by the Division Bench of this Court in D.B.Civil Writ Petition No.8745/2014 (M/s.Harit Polytech Pvt.Ltd. Vs. State of Rajasthan & Others) decided on 01.12.2014. The relevant part of the judgment reads ad infra:-
“28. In view of the aforesaid discussion, we hold, without any hesitation, that the Division Bench, deciding D.B.Civil Writ Petition No.21/2002 (M/s.Dinesh Pouches Limited (2) Vs. State of Rajasthan & Ors.) in its judgment dated 21.8.2007, had after quoting the order of the Supreme Court on 14.7.2006, by which the issue was remitted to it, could not have finally decided the writ petition. We do not propose to pass any final orders in the matter, as in doing so, we will be committing the same error, which was made by the Division Bench in the judgment dated 21.8.2007 in M/s.Dinesh Pouches Limited(2) Vs. State of Rajasthan & Ors.(supra).
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D.B.Civil Writ Petition No.1180/2009.
Bharti Infratel Ltd. VS State of Raj. & Ors.
we are of the view that since Civil Appeals arising out of the judgments passed by this Court in M/s.Godfrey Philips India Limited(1) Vs. State of Rajasthan & Ors. (supra) and M/s.Dinesh Pouches Limited(1) Vs. State of Rajasthan & Ors.(supra) are still pending in the Hon'ble Supreme Court, both the judgments dated 21.8.2007 and 18.1.2008, passed in pursuance to the directions issued by the Hon'ble Supreme Court, which had remitted the issues for findings to be recorded by the High Court, be forwarded by the Registry of the High Court to Hon'ble Supreme Court, to be placed on the record of Civil Appeal No.3453/2002. Since we have refrained ourselves from deciding the issues, which are pending in the Hon'ble Supreme Court, we do not propose to extend the interim orders, and leave the parties to seek appropriate remedies, for protecting their interests.
In the light of the judgment, referred to supra, the instant writ petition in the above terms also stands disposed of.
(PRAKASH GUPTA),J. (AJAY RASTOGI),J. All corrections made in judgment/order have been incorporated in the judgment/order being emailed. Solanki DS, Sr.P.A.
2 issues framed by the court
Whether the instant writ petition should be dismissed in light of the Division Bench decision in D.B.Civil Writ Petition No.8745/2014.
Whether interim orders should be extended while the Supreme Court Civil Appeal is pending.
Colour shows how this judgement treated each authority
M/s. Harit Polytech Pvt. Ltd. Vs. State of Rajasthan & OthersFollowed¶8
D.B.Civil Writ Petition No.8745/2014 (M/s.Harit Polytech Pvt.Ltd. Vs. State of Rajasthan & Others)
M/s. Dinesh Pouches Limited (2) Vs. State of Rajasthan & Ors.Explained¶9
D.B.Civil Writ Petition No.21/2002 (M/s.Dinesh Pouches Limited (2) Vs. State of Rajasthan & Ors.)
M/s. Dinesh Pouches Limited (1) Vs. State of Rajasthan & Ors.Followed¶15
M/s.Dinesh Pouches Limited(1) Vs. State of Rajasthan & Ors.
M/s. Godfrey Philips India Ltd. (1) Vs. State of Rajasthan & Ors.Followed¶15
M/s.Godfrey Philips India Limited(1) Vs. State of Rajasthan & Ors.
Bharti Infratel Ltd.
State of Rajasthan
Ajay Rastogi
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
