Mankawar vs. State Of Rajasthan
Held
The Court held that the controversy in the present writ petition was identical to the one decided in S.B. Civil Writ Petition No. 5354/2018 (Ladu Lal Hiran & Ors. Vs. State of Rajasthan & Ors.). The Court noted that the respondents' counsel did not dispute this fact. Consequently, following the precedent set in the Ladu Lal Hiran case, the present writ petition was allowed. The Court quashed and set aside the impugned letters dated 08.11.2017, 14.11.2017, 05.12.2017, and 11.12.2017. The ratio decidendi is that where a controversy is identical to a previously decided matter by a coordinate bench, and the respondents do not dispute this, the present petition should be decided in line with the earlier judgment. The operative direction was to quash the specified letters.
Facts
The petitioner, Smt. Mankawar, filed a writ petition challenging certain letters issued by the Finance (Tax) Department, Government of Rajasthan, dated 08.11.2017, 14.11.2017, 05.12.2017, and 11.12.2017. The petitioner argued that the issues involved were identical to a previous case, S.B. Civil Writ Petition No. 5354/2018 (Ladu Lal Hiran & Ors. Vs. State of Rajasthan & Ors.), decided by a coordinate bench of the same High Court. The respondents, including the State of Rajasthan and the Union of India, were represented. The respondents' counsel did not dispute that the controversy in the present petition was identical to the decided case.
Key Issues
1. Whether the present writ petition involves the same legal and factual controversy as decided in S.B. Civil Writ Petition No. 5354/2018 (Ladu Lal Hiran & Ors. Vs. State of Rajasthan & Ors.)? Petitioner's Contention: The petitioner contended that the controversy in the present writ petition is identical to the one decided by a coordinate bench in the aforementioned case and therefore, the matter should be decided in light of that judgment. Respondents' Contention: The respondents' counsel, while appearing for the State, did not dispute the petitioner's assertion that the controversy was identical. The judgment notes that the respondents' counsel was "not in a position to dispute the fact that the controversy involved in the present writ petition is exactly identical with the one decided by this Court in the above bunch of the writ petitions."
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. .. S.B. Civil Writ No. 13393/2018 Smt. Mankawar W/o Shri Hanuman Singh Rajput, Age 56 years, R/o Borunda Tehsil Bilara District Jodhpur. ----Petitioner Versus
The State Of Rajasthan through Secretary, Mines and Geology Department , Government Of Rajasthan, Jaipur.
Secretary, Finance Department, Government Of Rajasthan, Jaipur Rajasthan.
Director, Mines and Geology Department , Udaipur.
Mining Engineer, Mines And Geology Department , Nagaur, Rajasthan.
Union of India through its Secretary, Ministry of Finance Nirman Bhawan, New Delhi
The Under Secretary (ST-II), Ministry of Finance, Department Of Revenue State Tax Division New Delhi. ----Respondents For Petitioner(s) : Mr. Amit Vyas. Mr. Arvind Shrimali. For Respondent(s) : Mr. Rishabh Tayal, Assistant to Mr. K.L. Thakur, AAG. HON'BLE MR. JUSTICE SANDEEP MEHTA Order 18/09/2018 Heard. Issue notice. Shri Rishabh Tayal, Assistant to Shri K.L. Thakur, learned Additional Advocate General has appeared on behalf of the respondents. Copy of the writ petition has already been supplied to him.
(2 of 3) [CW-13393
The judgment continues below.
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