M/S Mahendra Construction Company vs. The State Of Rajasthan

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CW/1828/2021HC RajasthanGSTCNR RJHC02008378202109 April 2024Bench: MANINDRA MOHAN SHRIVASTAVA,BHUWAN GOYAL1 pages
AI SummaryRemanded

Facts

The petitioner, M/s Mahendra Construction Company, represented by its authorized representative, filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondents include the State of Rajasthan, the Commissioner of State Tax (GST), the Additional Commissioner of State Tax (GST), and the Assistant Commissioner of State Tax (GST). The fifth respondent is Larsen and Toubro Limited. The judgment notes that a second set of the petition was not filed and that none appeared on behalf of the petitioner. Considering the nature of the relief sought, the Court was not inclined to keep the petition pending.

Held

The Court decided to dispose of the writ petition without keeping it pending. The reasoning was based on the petitioner's non-appearance and the fact that a second set of the petition had not been filed. The Court acknowledged the nature of the relief sought but opted for immediate disposal. The operative direction was to dispose of the petition with liberty to the petitioner to revive it if their grievance remains unredressed. No specific issue regarding GST law or the merits of the petitioner's case was decided, as the disposal was procedural.

Key Issues

1. Whether the writ petition should be disposed of without a substantive hearing due to the petitioner's non-appearance and failure to file the complete set of documents? Petitioner's Argument: No specific arguments are recorded for the petitioner as none appeared. Revenue/State's Argument: No specific arguments are recorded for the respondents as the Court proceeded to dispose of the petition based on the procedural status.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2024:RJ-JP:17037-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 1828/2021 M/s Mahendra Construction Company, Rep By Its Authorized Representative Mr. Mahendra Kumar Verma S/o Sh. Sitaram, Aged About 38 Years, R/o. Khatio Ka Mohalla, Ward No.-03, Taranagar, Dist.- Churu. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary Finance (Revenue), Secretariat Jaipur 2. The Commissioner, State Tax (GST), Commercial Tax Department, Kar Bahawan Ambedkar Circle, Jaipur. 3. The Additional Commissioner, State Tax (GST) Zone Bikaner. 4. The Assistant Commissioner, State Tax (GST), Ward-IVth, Circle- Churu. 5. The Cluster Head, Regional Office, Larsen And Toubro- Infrastructure Vertical (Larsen And Toubro Limited), Monarch Building Ist Floor, D 236-237, Amrapali Marg, Vaishali Nagar, Jaipur. ----Respondents For Petitioner(s) : None present HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BHUWAN GOYAL

Judgment / Order 09/04/2024 Second set of petition has not been filed.

None has appeared on behalf of the petitioner.

Taking into consideration the nature of relief sought, at this stage, we are not inclined to keep this petition pending but to dispose off, however, with liberty to revive, in case, grievance of the petitioner is not redressed.

Accordingly, this petition is disposed off with the liberty aforesaid. (BHUWAN GOYAL),J (MANINDRA MOHAN SHRIVASTAVA),CJ Inder & Mohita/23

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.