Rajasthan High Court - Jaipur
R-Tech Capital Highstreet (Jaipur) Llp vs Union Of India on 20 December, 2022
Bench: Pankaj Mithal, Shubha Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 18564/2022
R-Tech Capital Highstreet (Jaipur) LLP
----Petitioner
Versus
Union Of India & Ors.
----Respondents
For Petitioner(s) : Mr. Sandeep Pathak with
Ms. Vartika Mehra
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL
HON'BLE MRS. JUSTICE SHUBHA MEHTA
Order
20/12/2022
Heard learned counsel for the petitioner.
The petitioner through the medium of this writ petition is challenging the validity of Rule 14(2)(b) of the Building & Other Construction Workers' Welfare Cess Rules, 1998 as ultra vires to Sections 11 & 14 of the Building & Other Construction Workers' Welfare Cess Act, 1996.
It is submitted that the framing of the aforesaid Rule is beyond the legislative competence and that at the same time, ultra vires to the provisions of Sections 14 & 21 of the Constitution of India as well. A similar matter i.e. D.B. Civil Writ Petition No.16679/2022 (R-Tech Capital Gallaria (Jaipur) LLP vs. Union of India & Ors.), has already been entertained by this Court vide order dated 21.11.2022 and it is submitted that the aforesaid provisions have been declared to be ultra vires by the Division Bench of Hon'ble Delhi High Court.
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(2 of 2) [CW-18564/2022] Mr. R.D. Rastogi, learned Additional Solicitor General has accepted notice on behalf of respondent No.1.
Issue notice to the respondent Nos.2, 3 & 4 by registered post, returnable within six weeks. All the respondents are directed to file counter affidavit within a month.
In the meantime, if an amount of Rs.25 lacs is deposited, the realization of the remaining amount shall remain in abeyance.
(SHUBHA MEHTA),J (PANKAJ MITHAL),CJ
RAJAT KUMAR/SATYENDRA/14
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