M/s. Compucom Technologies Pvt. Ltd. vs State of Rajasthan

It is submitted that the controversy involved herein is

in reference to the Notification dated 14 th July, 2014. It has already been struck down by the Division Bench of this Court in

the case of Kalani Infrastructure Pvt. Ltd. Vs. State of

Rajasthan & Anr. in DB Civil Writ Petition No.14094/2010

decided on 19th January, 2017 along with connected matters. The

stamp duty was charged from the petitioners in pursuance of the

Notification dated 14th July, 2014. The prayer is accordingly to set

aside the orders impugned herein.

Learned Additional Advocate General Mr.Rajendra

Prasad is fair to admit that a judgment has been rendered by the

Division Bench of this Court in the case of Kalani Infrastructure

Pvt. Ltd. (supra) where the Notification dated 14 th July, 2014 has

been quashed. It is further submitted that the State may approach

the Apex Court by way of Special Leave to Appeal thus while

setting aside the impugned order, a liberty may be given to the

State Government to seek revival of the writ petition, if the

judgment of the Division Bench in the case of Kalani Infrastructure

Pvt. Ltd. (supra) is stayed or reversed.

I have considered the submissions made by learned

counsel for the parties.

Since, the impugned orders have been passed based on

the Notification dated 14th July, 2014 and the Notification aforesaid

has been quashed, impugned orders dated 13 th September, 2012

and 28th October, 2014 are quashed.

The writ petition is allowed with the aforesaid.

However, both the parties are given liberty to seek revival of the

writ petition in case of interim order or the judgment of the

Division Bench is reversed. In case the judgment of the Division

Bench is reversed, the petitioners would be at liberty to challenge

the determination of the stamp duty by taking remedy, as is

available under the Rajasthan Stamps Act, 1998.