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2008 DIGILAW 385 (RAJ)

Om Prakash v. State of Rajasthan

2008-02-07

GOPAL KRISHAN VYAS

body2008
JUDGMENT 1. - Heard learned counsel for the parties. 2. Initially the petitioner has challenged the validity of Section 65 of the Rajasthan Stamp Act, 1998 in which a condition for depositing 50% of the amount has been prescribed by the State Government for filing revision. The Division Bench of this Court has upheld the validity of Section 65 of the Act of 1998 in the judgment passed in D.B. Civil Writ Petition NO.458/2006 and this writ petition has been placed before the Single Bench for considering the facts of the case. 3. A preliminary objection has been raised by the respondent that without availing the alternate remedy, the petitioner has challenged the order passed by the Collector (Stamp), Alwar, therefore, this writ petition may be dismissed on the ground of alternative remedy available to the petitioner. 4. It is true that under Section 65 of the Act of 1998 there is a remedy provided for filing revision. Obviously, the petitioner is required to first avail the remedy available to him in accordance with the provisions of the Act of 1998. 5. In these circumstances, the writ petition is dismissed with liberty to the petitioner to avail the remedy by way of filing revision under the provisions of the Act of 1998 within a period of three months. Upon filing the said revision, the revisional authority shall decided the same on merit within a period of six months thereafter. 6. It is made clear that if the revision petition is filed by the petitioner within a period of three months from today then question of limitation will not come in the way of petitioner.Petition dismissed. *******