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2008 DIGILAW 522 (RAJ)

Satnam Singh v. State of Rajasthan

2008-02-19

GOPAL KRISHAN VYAS

body2008
JUDGMENT 1. - Heard learned counsel for the parties. 2. In this case, initially the validity of proviso to Section 65 (1) of the Rajasthan Stamp Act, 1998 was challenged. The Division Bench of this Court in D.B. Civil Writ Petition No.458/2006 (M/s. Choksi Heraeus Pvt. Ltd., Udaipur v. State & Ors) has upheld the validity of proviso to Section 65 (1) of the Rajasthan Stamp Act, 1998. 3. In this view of the matter, when alternate remedy by way of filing revision is available to the petitioner, then the petitioner is required to avail the said remedy. 4. It is contended by learned counsel for the petitioner that he may be given liberty to file a revision petition before the revisional authority within two months and the said authority may be directed to decide the said revision on merit and not dismiss the same on the ground of limitation. 5. Accordingly, the present writ petition is disposed of with the liberty to the petitioner to approach the revisional authority by way of filing revision petition in accordance with proviso to Section 65 (1) of the Rajasthan Stamp Act, 1998 within a period of two months from today. Upon filing such revision, the revisional authority shall decide the same within a period of two months thereafter. Further, petitioner may also file an application under Section 5 of the Limitation Act along with the revision petition whereupon, the revisional court may condone the delay and decide the revision petition itself on merit.Writ petition disposed of. *******