This High Court dismissed a writ petition challenging the constitutional validity of the Rajasthan Tax on Entry of Goods into Local Area Act, 1999 under Article 301 of the Constitution, as the matter was already decided in a related filed.
The writ petition is dismissed and the interim order operating in favour of the petitioner is 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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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
O R D E R
D.B. Civil Writ Petition No.502/2014
M/s Bluechip Fabric Pvt. Ltd. v. State of Rajasthan & Ors.
Date of Order :: 24th February, 2015
P R E S E N T
HON'BLE MR.JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR
Mr. Niraj Kumar Jain, for the petitioner.
BY THE COURT :
This petition for writ is preferred to challenge the constitutional validity of the Rajasthan Tax on Entry of Goods into Local Area Act, 1999 (hereinafter referred to as 'the Act of 1999') on the ground that it violates freedom of trade, commerce and intercourse protected under Article 301 of the Constitution of India. The restrictions imposed under the Act of 1999, as per the petitioners, are neither reasonable nor in public interest.
This Court in M/s Harit Polytech Pvt. Ltd. v. State of Rajasthan & Ors. (DB Civil Writ Petition No.8745/2014), decided on 1.12.2014, has already heard the matter and dismissed the petitions.
The instant matter, as a matter of fact, is squarely covered by the judgment given in the case of M/s
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Harit Polytech Pvt. Ltd. (supra). Accordingly, the writ petition is dismissed in the terms of the judgment referred above and the interim order operating in favour of the petitioner is discharged.
(JAISHREE THAKUR),J. (GOVIND MATHUR),J.
Mathuria.KK/PS
2 issues framed by the court
Whether the constitutional validity of Rajasthan Tax on Entry of Goods into Local Area Act, 1999 can be challenged in this petition.
Whether the restrictions imposed under the Act, 1999 are reasonable and in public interest.
Colour shows how this judgement treated each authority
M/s Harit Polytech Pvt. Ltd. v. State of Rajasthan & Ors.Followed¶12
M/s Harit Polytech Pvt. Ltd. v. State of Rajasthan & Ors. (DB Civil Writ Petition No.8745/2014)
M/s Bluechip Fabric Pvt. Ltd.
State of Rajasthan
Govind Mathur
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
