IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.155 of 2000. M/s. Malik Industries, Kota-5. VERSUS The State of Rajasthan & Others Date Of Order ::: 30/04/2008. Hon'ble Mr. Narendra Kumar Jain J. Mr. Amit Ratnawat, advocate, for Mr. R.B. Mathur, Counsel for the Petitioner Mr. M.C. Gupta. Addl.G.A., for the respondent No.1-State Mr. Vinay Goyal, Counsel for the respondents No.2 to 4. By the Court : Heard learned counsel for the parties. The petitioner has preferred this writ petition with the following prayer : i) “Quash/set aside the order dated 13.05.1999 (annexure-7) passed by the respondent no.2. ii) Quash/set aside all the orders passed by the respondent no.4 in consequence of order dated 13.05.1999 of the respondent no.2. iii) Declare the provisions of clause 9 (b) of the Rajasthan Sales Tax Incentive Scheme, 1987 as ultravires to the provisions of the Act, Rule and Scheme itself. iv) Hold that the Commissioner has no power to withdraw/cancel the eligibility certificate once sanctioned by the Screening Committee. v) Restrain the respondent no.4 from taking any coercive measure for recovery and direct to release the bank account and declare the action of the respondent no.4 as illegal”. Learned counsel for the respondents contended that vide order dated 13.05.1999 (annexure-7), the Commissioner had granted a permission to the Assessing Authority for passing an assessment order, and in pursuance thereof the Assessing Authority has already passed an assessment order, which was challenged by the petitioner in an appeal, and the Appellate Court has also dismissed the appeal of the petitioner, therefore, the present writ petition has become infructuous. The above fact of passing orders by Assessing and Appellate Authority has not been disputed by the learned counsel for the petitioner also. Learned counsel for the petitioner contended that the order dated 13.05.1999 is illegal and without jurisdiction, and the same is liable to be quashed. He further submits that the provisions of Clause 9 (b) of the Rajasthan Sales Tax Incentive Scheme, 1987 is ultra-virus to the provisions of the Act, but he is unable to point out any reason or ground as to how the impugned order annexure-7 is illegal and without jurisdiction, or the provisions of Clause 9 (b) of the Incentive Scheme is ultra-virus. I do not find any merit in this writ petition and the same is accordingly dismissed. (Narendra Kumar Jain) J. ashok/