State Of Kerela vs. Command Area Development Authority

ITEM NO.801 SUPREME COURT OF INDIA RECORD OF PROCEEDINGS M.A.No. in Special Leave Petition (C) Nos. 21871/2007 STATE OF KERALA & ANR. $\epsilon$ Petitioner(s) VERSUS RELIANCE INFOCOMM LTD. Respondent(s) (For modification of order dated 05.04.2017) Date: 24-08-2017 This matter was MENTIONED today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Appellant(s) Mr. G. Prakash, Adv. For Respondent(s) Mr. S.K. Bagaria, Sr. Adv. Ms. Sayaree Basu Mallik, Adv. Ms. Shruti Garg, Adv. Mr. E.C. Agarwala, Adv.

UPON being mentioned, the Court made the following ORDER

On mentioning, the application is taken on Board.

It is clarified that judgment dated 05^th April, 2017 passed by this Court in batch of matters, including appeals in which applicant (Reliance Infocomm Ltd.) was respondent, touched upon the issue of compensatory tax only. No doubt the judgment of the High Court, in which process is set aside, entirely touches the other issues as well. In these circumstances, we permit the applicant (Reliance Infocomm Ltd.) to file a fresh writ petition in the High Court taking other points, which were raised by the petitioner, and such petition shall be considered by the High Court keeping in view law declared by this court in "Jindal Stainless Ltd. And Anr. ³²⁴ State of Haryana and Ors.' [2016 (11) SCALE 1]" and other relevant cases.

SECTION XIA

COURT $NO.7$

The time for filing the writ petition is extended till 15th September, 2017. As far as this Court is concerned, no opinion is expressed on merits on entry issues and it would be open to the State to resist the petition before the High Court on any ground available to it in accordance with law.

Accordingly, the application for modification of order dated 05.04.2017 of this Court stands disposed of.

(SAPNA BISHT) (MADHU NARULA) SENIOR PERSONAL ASSISTANT BRANCH OFFICER