Spml Infra Limited vs. State Of Rajasthan
Held
The Court allowed the restoration application. The primary finding is that the applicant has expressed a clear willingness to pursue the original writ petition on its merits. Based on this statement, the court exercised its discretion to grant liberty to revive the writ petition. The operative direction is that the writ petition stands revived to its original number for consideration on merits. The court also directed that a copy of the original writ petition with annexures be supplied to the learned counsel for the respondents within one week. No specific issues from the original writ petition were decided in this order, as the purpose of this order was solely to restore the writ petition.
Facts
The applicant, Spml Infra Limited, filed a writ petition (D.B. Civil Writ Petition No. 14470/2020) before the Rajasthan High Court. The respondents include the State of Rajasthan, Union of India, Goods and Service Tax Council, and departments of the Rajasthan government. The applicant sought to revive this writ petition by filing a restoration application (D.B. Civil Restoration Application No. 263/2024). The applicant's counsel stated that the company is still willing to press the original writ petition on its merits. The court considered this statement and granted liberty to revive the writ petition.
Key Issues
1. Whether the writ petition (D.B. Civil Writ Petition No. 14470/2020) should be restored to its original number for consideration on merits, given the applicant's continued willingness to pursue the case. This issue turns on the court's discretion to allow restoration of a previously filed petition. Petitioner's Argument: The applicant argued that they are still willing to press the writ petition on its merits and therefore, the restoration application should be allowed. Revenue/State's Argument: The judgment does not record any specific arguments made by the respondents against the restoration application. However, the court heard the learned counsel for the applicant and the respondents.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Restoration Application No. 263/2024 In D.B. Civil Writ Petition No. 14470/2020 Spml Infra Limited, House No. 129, Shankar Colony Vidhyadhar Nagar, Nayakheda Jaipur, Rajasthan Through Authorized Signatory Mr. Gajinder Singh Bhandari S/o Sh. Jasbir Singh Bhandari, R/o F-7, Module 11, Mangalam Homz, Abhay Khand- 3rd Indirapuram, Ghaziabad Presently Authorized Signatory Mr. Shalin Jain S/o Subhash Jain, Aged About 40 Years, Having Residence At 1st Floor, Laxman Colony, New Sanganer Road, Jaipur-302019 ----Applicant Versus
State Of Rajasthan, Through Principal Commissioner, The Central Goods And Service Tax, Ncrb Statue Circle, Jaipur.
Union Of India, Through The Chairman Central Board Of Indirect Taxes And Customs, Department Of Revenue, Ministry Of Finance, Government Of India, North Block, New Delhi-110001
Good And Service Tax Council, Through Its Secretary Tower II- 5th Floor, Jeevan Bharti Building, Janpath Road, Connaught Place, New Delhi-110001
Office Of The Additional Chief Engineer, Public Health Engineering Department Region Office Jyoti Nagar, Jaipur (Rajasthan).
Principal Secretary, Gover
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