The High Court at Jodhpur disposed of a writ petition by relying on a prior order quashing similar demand orders in connected cases. The court set aside demand orders and related proceedings, allowing authorities to reassess facts.
Impugned demand orders dated 28.08.2021 and 03.12.2021 and all proceedings therefrom were quashed and set aside.
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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[2023:RJ-JD:36687]
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 5706/2022
Gulab Singh S/o Hukum Singh, Aged About 64 Years, Village Kalvi, Tehsil Jayal, District Naguar.
----Petitioner
----Respondents
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
30/10/2023
Learned counsel for the respondents fairly submits that the controversy involved in the present writ petition is squarely covered by the order dated 17.01.2023 passed by this Court in the case of Sita Ram Vs. Sate of Rajasthan & Ors. (S.B. Civil Writ Petition No.14466/2021) and other connected matters. The order dated 17.01.2023 reads as under:
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“1. The controversy in the batch of connected petitions is similar and for the purpose of adjudication of the said matters, the first petition, being S.B. Civil Writ Petition No. 14466/2021, is taken as the lead case.
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reassess the complete facts and the laws applicable to the instant cases and pass appropriate orders, if required, in accordance with law.
The present writ petition is also disposed of in terms of the order dated 17.01.2023 passed in the case of Sita Ram (supra). Accordingly, the demand orders dated 28.08.2021 and 03.12.2021 and all the proceedings emanating thereof are quashed and set aside. However, the concerned respondent authorities are at liberty to re-examine and reassess the complete facts and the law applicable to the instant case and pass appropriate order, if required, strictly in accordance with law.
(DR.PUSHPENDRA SINGH BHATI), J.
334-/Jitender//-
1 issue framed by the court
Whether the prior quashing order in connected matters can apply to dispose of the present writ petition regarding demand orders.
Colour shows how this judgement treated each authority
Sita Ram Vs. State Of Rajasthan & Ors.Relied on¶18
Sita Ram Vs. State Of Rajasthan & Ors. (S.B. Civil Writ Petition No.14466/2021)
Gulab Singh
State Of Rajasthan
Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
