Nalwaya Construction vs. State Of Rajasthan

CW/12402/2019HC RajasthanGSTCNR RJHC01054643201901 June 2023Bench: VIJAY BISHNOI,YOGENDRA KUMAR PUROHIT1 pages
AI SummaryRemanded

Facts

The petitioner, Nalwaya Construction, K.K. Gupta (Joint Venture-JV), filed a writ petition before the Rajasthan High Court at Jodhpur. The petition was filed against the State of Rajasthan and various authorities of the Public Works Department, as well as the Council of GST and the Commissioner of State Taxes. The specific tax period and the exact order or action under challenge, along with the amount in dispute, are not detailed in the provided text. The procedural history leading to the filing of the writ petition is also not elaborated.

Held

The Court allowed the petitioner's prayer for withdrawal of the writ petition. The judgment states that the learned counsel for the petitioner prayed for withdrawal of the writ petition because of subsequent developments and to avail of the remedy in accordance with law. Consequently, the Court disposed of the writ petition as withdrawn, granting the petitioner the liberty to pursue their remedy as advised. No specific findings on any GST-related issues were made, as the matter was resolved by the withdrawal.

Key Issues

The Court was not required to decide any substantive issues of law or fact. The sole matter before the Court was the petitioner's request to withdraw the writ petition. The petitioner's counsel sought permission to withdraw the petition due to subsequent developments, intending to pursue an alternative remedy in accordance with law. The respondents' arguments, if any, are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 12402/2019 NALWAYA Construction, K.K. Gupta (Joint Venture-JV), R/o KKG House, A-1, Opp. Hotel Harsh Palace, Transport Nagar Goverdhan Vilas, Udaipur, Rajasthan Through Managing Director, Mr. Ankur Gupta S/o Shri K.K. Gupta, Aged About 32 Years, R/o 360-361, Swaroop Vihar Complex, Hiran Magri, Sector-11, Udaipur, Rajasthan. ----Petitioner Versus

1.

State Of Rajasthan, Through Principal Secretary, Public Works Department, Secretariat, Jaipur.

2.

The Office Of The Additional Chief Engineer, PWD, Udaipur Zone, Udaipur.

3.

The Office Of The Executive Engineer, Public Works Department, DN, Vallabhnagar, Udaipur.

4.

The Council Of GST, Govt. Of India, Department Of Commerce, Ministry Of Finance, New Delhi.

5.

The Commissioner Of State Taxes, Range-9th, Udaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Aditya Singhi HON'BLE THE CHIEF JUSTICE MR. AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE VIJAY BISHNOI Order 01/06/2023 Learned counsel for the petitioner prays for withdrawal of the writ petition because of subsequent developments and to avail of the remedy in accordance with law. Disposed of as

The judgment continues below.

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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.