M.K. Traders vs. State Of Rajasthan

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CW/6009/2019HC RajasthanGSTCNR RJHC02025912201922 July 2024Bench: MANINDRA MOHAN SHRIVASTAVA,ASHUTOSH KUMAR1 pages
AI SummaryRemanded

Facts

The petitioner, M.K. Traders, filed a writ petition in the High Court of Rajasthan, Jaipur Bench, in 2019. The respondents were the State of Rajasthan and various GST authorities. The petition was filed seeking certain relief, but no notices were issued by the court to the respondents. The matter remained pending for a significant period, approximately five years, without any substantive progress or issuance of notices. The petitioner was represented by Shri Jugal Kishore Khandelwal, the proprietor.

Held

The Court decided to dispose of the writ petition. The reasoning was primarily based on the inordinate delay since the filing of the petition in 2019 and the fact that no notices had been issued to the respondents during this period. The Court considered the nature of the relief sought and the substantial time that had elapsed. While disposing of the petition, the Court granted liberty to the petitioner to file a fresh petition if any cause of action arises in the future. No specific GST provisions or legal arguments were discussed or decided upon, as the disposal was based on procedural grounds.

Key Issues

1. Whether the writ petition, filed in 2019, should be disposed of due to the significant delay and the non-issuance of notices, considering the nature of the relief sought and the time elapsed. The petitioner's contention was not recorded as none were present. The respondents' contention was also not recorded. The Court's decision was based on the procedural history and the elapsed time, rather than arguments on the merits of the case or specific GST provisions.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2024:RJ-JP:30558-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 6009/2019 M.K. Traders, Through Its Proprietor Shri Jugal Kishore Khandelwal Having GST No. 08ABFPK9088E1ZC And Having Principal Place Of Business At 23, Rajhans Colony II, Bhahmpuri, Jaipur, Rajasthan- 302002 ----Petitioner Versus 1. State Of Rajasthan, Through Commissioner, S.G.S.T, Kar Bhawan, Jaipur 2. Assistant Commercial Tax Officer, Circle F, Jaipur At State SGST Department, Jhalana Doongri, Jaipur 3. The Assistant / Deputy Commissioner, GST Range-XIV, VKI Road 1D, Jaipur ----Respondents For Petitioner(s) : None Present For Respondent(s) : HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order 22/07/2024 This petition was filed in the year 2019.

Till date, no notices have been issued.

Taking into consideration the nature of relief sought and the time which has elapsed now, we are inclined to dispose off this petition, however, with liberty to file fresh petition, in case any cause of action arises.

Writ petition is, accordingly, disposed off. (ASHUTOSH KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),CJ A.Arora/Mohita-44

Reproduced from the public record of the Rajasthan High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.