- (1.) This is an intra court appeal filed by writ petitioner of W. P. No. 917 of 1992 under section 18 of the Rajasthan High Court Ordinance, 1949 against an order dated December 13, 2002 passed by single judge in aforementioned writ petition. By the impugned order, the learned single judge dismissed the writ petition and in consequence declined to grant the reliefs claimed by the writ petitioner in their writ petition.
(2.) So the question that arises for consideration in this intra court appeal is whether single judge was right in dismissing the appellant's writ petition ?
(3.) At the outset, we may state that both learned counsel appearing for the parties conceded that the controversy involved in the writ petition and now carried in this appeal at the instance of writ petitioner remains no more res integra and answered in writ petitioner's (appellant) favour by the decision of the Supreme Court State of Karnataka v. Shreyas Papers P. Ltd., 2006 1 JT 180 and a decision of this court rendered on the strength of law laid down in Shreyas Papers case in the case reported in 26 Tax-Up-Date 6 - March 16-31 (2010) page 188 (Commercial Taxes Officer v. Mecson Marbles (P) Ltd., 2006 1 JT 180 ). It was stated that this court following the law laid down in these two decisions, which has full application to the undisputed facts of this case should allow the appeal by setting aside of the impugned order and in consequence allow the writ petition by issuing the necessary writ as claimed by the writ petitioner in their writ petition.;