Raj Bhatta Gram Udyog Mandal & ORS v. State Of Haryana And ORS

CWP No.2697 of 1995 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.2697 of 1995 (O&M) Date of decision : 13.07.2018 Raj Bhatta Gram Udyog Mandal and others ... Petitioners

Versus

The State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE AMIT RAWAL

Present:

None for the petitioner(s).

Ms. Mamta Singla Talwar, DAG, Haryana.

**** RAJESH BINDAL, J.

This order will dispose of two writ petitions bearing CWP Nos. 2697 and 6078 of 1995 as common issue is involved. The facts have been noticed from CWP No.2697 of 1995. Challenge in the writ petition has been made to the validity of Rule 39-A of the Haryana General Sales Tax Rules, 1975 (for short 'the Rules'), as amended on September 02, 1993, however, giving retrospective effect from October 01, 1992.

Writ petition was admitted to be taken up with CWP No.12937 of 1994 titled as "Shiva Bricks Company V/s State of Haryana and another". On examination of the record, it was found that the aforementioned writ petition was decided on 04.08.2011 in terms of earlier Yogesh Sharma 2018.07.17 13:04 I attest to the accuracy and integrity of this document

CWP No.2697 of 1995 (O&M) order passed in CWP No.1661 of 1994 titled as "M/s Rama Bhata Co. & others V/s State of Haryana and others", holding the amendment to be bad to the extent of its retrospectivity.

For the detailed reasons recorded in M/s Rama Bhata's case (supra), the writ petitions are disposed of in the same terms. ( RAJESH BINDAL ) JUDGE ( AMIT RAWAL ) JUDGE 13.07.2018 Yogesh Sharma  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No Yogesh Sharma 2018.07.17 13:04 I attest to the accuracy and integrity of this document