CWP-7619/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.7619/2010 Om Prakash Gupta Vs The State of Rajasthan & ors. DATE OF ORDER : 25/05/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr.Alok Sharma, for petitioner. Instant writ petition has been filed with the grievance that the respondent-department may be directed to consider for reduction/ remission of the tax liability of the petitioner on account of the prohibition of mining activities in Randhisar Hills, Tehsil- Sujangarh, District- Churu on proportionate basis based on the report Anx.6 dt. 05/04/2010 which has been further clarified by the Commercial Taxes Officer, Circle Churu, District- Churu vide communication Anx. 11 dt. 21/04/2010. Counsel submits that the mining operations in Randhisar Hills, Tehsil- Sujangarh, District- Churu has been widely affected and is almost closed after 16th August, 2009 and the agreement was executed with the petitioner on 26/10/2009 and in such circumstances, the petitioner is entitled for reduction/remission in the tax liability. Counsel submits that a representation was submitted to the respondent No.1-Commissioner CWP-7619/2010 2 of Sales Tax, Jaipur as per terms & condition of agreement dt. 26/10/2009 but the same has not been decided so far and is pendency is causing prejudice to the petitioner. Without going into merits of the case any further, this Court considers it appropriate to direct the respondents to decide the representation submitted by the petitioner within two weeks of the certified copy of this order being served by passing speaking order and the same may be communicated and if the petitioner is still aggrieved, he will be at liberty to avail the remedy available under law. However, during pendency of the representation, the respondents shall not take any coercive action against the petitioner. With these observations/directions, the writ petition stands disposed of. [AJAY RASTOGI], J. Raghu/p.2/ 7619-CW2010-final.doc