Rajasthan High Court - Jaipur
Spicejet Ltd vs State Of Rajasthan on 25 September, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 16083/2019
Spicejet Ltd.
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Rajendra Choudhary, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
25/09/2019
Counsel for the petitioner submitted that the impugned notices/orders dt.19.02.2019, 08.03.2019 & 16.01.2019 have been issued by the respondents in gross violation of the letter written by the Ministry of Surface Transport (Transport Wing), Government of India dt.03.11.1992.
Counsel submitted that the vehicles/equipments which are used by the petitioner-company at Jaipur Airport, are not falling within the ambit of the Motor Vehicles Act, 1988 and the Rajasthan Motor Vehicles Taxation Rules, 1951. Counsel submitted that similar controversy was decided by the Division Bench at Principal Seat at Jodhpur in D.B. Civil Writ Petition No.14562/2015 (Hindustan Zinc Limited Vs. State of Rajasthan) decided vide order dt.01.05.2017. Counsel also referred to an order passed by the Principal Seat at Jodhpur in S.B. Civil Writ Petition No.5245/2019 (Spicejet Ltd. Vs. State of Rajasthan & Ors.).
Issue notice of the writ petition as well as stay application, returnable within four weeks. Notices be given 'dasti', if prayed. (Downloaded on 27/09/2019 at 09:15:09 PM)
(2 of 2) [CW-16083/2019]
In the meanwhile, effect & operation of impugned
notices/demand dt.19.02.2019, 08.03.2019 & 16.01.2019, shall remain stayed.
(ASHOK KUMAR GAUR),J Ashish Kumar /34 (Downloaded on 27/09/2019 at 09:15:09 PM) Powered by TCPDF (www.tcpdf.org)