Narayan Das Bagh Chand Vs. State and ors - Court Judgment

Excerpt:
d.b. civil writ petition no.1693/2002 narayan das bagh chand. vs. the state of rajasthan & ors. date of order ::26. 2.2013 honble the chief justice mr.amitava roy honble mr. justice v.k. mathur mr.ashok chhangani, for the petitioner. mr.vk mathur, for the respondents. ... mr.ashok chhangani, learned counsel for the petitioner, while pointing out that in the instant proceedings, the constitutionality of sections 3, 4, 2(c) and 2(i) of the rajasthan tax on luxuries (tobacco and its products) act, 1994 is impeached, has drawn the attention of the court to the decision of a coordinate bench of this court dated 21.4.2005 rendered in m/s. dinesh tobacco industries. vs. state, d.b. civil writ petition no.4226/2002 and others, declaring the act ultra vires. mr.v.k. mathur, learned counsel for the respondents, affirms this state of affairs. in the above view of the matter, the instant petition stands disposed of in terms of the judgment and order rendered in m/s. dinesh tobacco industries (supra). stay petition also stands disposed of. (v.k. mathur), j.(amitava roy), cj.s.phophaliya/-

Judgment:
D.B. CIVIL WRIT PETITION NO.1693/2002 Narayan Das Bagh Chand. vs. The State of Rajasthan & Ors. Date of Order ::

26. 2.2013 HONBLE THE CHIEF JUSTICE MR.AMITAVA ROY HONBLE MR. JUSTICE V.K. MATHUR Mr.Ashok Chhangani, for the petitioner. Mr.VK Mathur, for the respondents. ... Mr.Ashok Chhangani, learned counsel for the petitioner, while pointing out that in the instant proceedings, the constitutionality of Sections 3, 4, 2(c) and 2(i) of the Rajasthan Tax on Luxuries (Tobacco and its products) Act, 1994 is impeached, has drawn the attention of the Court to the decision of a coordinate bench of this Court dated 21.4.2005 rendered in M/s. Dinesh Tobacco Industries. vs. State, D.B. Civil Writ Petition No.4226/2002 and others, declaring the Act ultra vires. Mr.V.K. Mathur, learned counsel for the respondents, affirms this state of affairs. In the above view of the matter, the instant petition stands disposed of in terms of the judgment and order rendered in M/s. Dinesh Tobacco Industries (supra). Stay petition also stands disposed of. (V.K. MATHUR), J.

(AMITAVA ROY), CJ.

S.Phophaliya/-