Held that the instant writ petition stands disposed of by treating it as closed with liberty for future revival if the cause of action warrants, maintaining consistency with identical factual premises in similar cases.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 2642 / 2001
M/s. Jan Kalyan Properties P. Ltd., Plot No.E-1 & 2, Shastri nagar, Residency Road, Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) :Mr. Anjay Kothari
For Respondent(s) :
HON'BLE THE CHIEF JUSTICE
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/05/2017
“ The learned counsel for the parties amongst others have referred to order dated 4.11.2011 passed in S.B.Civil Writ Petition No.1939/1999 Assistant Director, LBT Udaipur V/s Madho Singh & anr . taking note of the input that the land and building tax levy and the corresponding Department has since been abolished for the last 6-7 years and that therefore, no useful purpose would be served by deciding the issues involved. Taking note of the
(2 of 2)
operative directions that followed, a Single Bench of this Court in S.B.Civil Writ Petition No.2809/2000 The State of Rajasthan through the Land & Building Tax Officer, Bhilwara V/s Anil Kumar & ors . vide order dated 9.12.2001 had closed the said writ proceedings without deciding the issues on merits, but leaving at liberty the parties to approach this Court again in case the cause of action survived. It is submitted at the Bar that similar orders have also been passed by the other Division Benches of this Court in cases on the same issues.
In the above view of the matter, in order to maintain consistency in approach of this Court in the above identical factual premise, these writ petitions also stand closed. Liberty, however, is granted to the parties to approach this Court for revival of these writ petitions if the cause of action therefor warrants the same in future.”
(DR.PUSHPENDRA SINGH BHATI)J. (PRADEEP NANDRAJOG)CJ.
sudheer
M/s. Jan Kalyan Properties P. Ltd.
State of Rajasthan
Dr. Pushpendra Singh Bhati
Pradeep Nandrajog
Sudheer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
