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Amar Jain Medical Relief Society and Anr. v. State of Rajasthan and Ors.

Leave granted.

(Kurian Joseph and Rohinton Fali Nariman, JJ.)

Amar Jain Medical Relief Society and Anr. _____________ Appellant(s)

v.

State of Rajasthan and Ors. ________________________ Respondent(s)

Civil Appeal No. 6620 of 2016, Decided on July 22, 2016


[@ Special Leave Petition (C) No. 8323 of 2016]

The Judgement of the Court was delivered by


Kurian, J.:—

1. Leave granted.

2. The appellants are before this Court, aggrieved by the interim order dated 18.03.2016, whereby the appellants have been directed to deposit 50% of the Urban Development Tax component. According to the appellants, the liability to pay the tax component is the subject matter of Civil Writ Petition No. 3068 of 2016 pending before the High Court.

3. It is submitted that in case the High Court allows the writ petition, there is no liability for the appellants to pay the Urban Development Tax. There are other contentions as well.

4. However, in the nature of the order we propose to pass in this case, it is not necessary for us to go into those contentions advanced by counsel on both sides.

5. On 01.04.2016, this Court stayed the operation of the direction issued by the learned Single Judge in the matter of deposit of 50% of the Urban Development Tax component. There is also a stay on coercive steps pursuant to the Demand Notices issued by the Municipal Corporation, Jaipur.

6. We are of the view that the High Court should first decide the Civil Writ Petition No. 3068 of 2016 expeditiously.

7. The appeal is, hence, disposed of with a request to the High Court to dispose of Civil Writ Petition No. 3068 of 2016 expeditiously and preferably within six months from today. Till the writ petition is disposed of, the order dated 01.04.2016 passed by this Court shall continue.

8. No costs.

Petition(s) for Special Leave to Appeal (C) No(s). 8323/2016

Amar Jain Medical Relief Society and Anr ______________ Petitioner(s)

v.

State of Rajasthan and Ors ________________________ Respondent(s)

Date : 22/07/2016 This petition was called on for hearing today.

(Before Kurian Joseph and Rohinton Fali Nariman, JJ.)

For Petitioner(s) Mr. Manu Mridul, Adv.

Mr. Surya Kant, Adv.

Mr. Rajat Agnihotri, Adv.

For Respondent(s) Mr. S. S. Shamsherry, AAG

Mr. Amit Sharma, Adv.

Mr. Prateek Yadav, Adv.

Mr. Ankit Raj, Adv.

Ms. Ruchi Kohli, Adv.

UPON hearing counsel the Court made the following

Order

9. Leave granted.

10. The appeal is disposed of in terms of the signed non-reportable Judgment.

11. Pending interlocutory applications, if any, are disposed of.

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