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2010 DIGILAW 2039 (RAJ)

Riyaz Mohd. v. State of Rajasthan

2010-12-09

DALIP SINGH

body2010
JUDGMENT 1. - Learned counsel for the petitioner submits that originally appeal was filed under Section 8 of the Rajasthan Taxation Tribunal Act, 1995 before the Tribunal constituted under the said Act. After repealing of the aforesaid Act the said appeal has been sent to this Court and has been registered as S.B. Civil Writ Petition No.472 of 2002. 2. Learned counsel submits that against the order Annexure-2 dated 27.08.1998 the petitioner has an alternative remedy under Section 14 of the Rajasthan Motor Vehicles Taxation Act, 1951 and as such he may be permitted to prefer an appeal under Section 14 of the aforesaid Act. 3. The petition is, accordingly, dismissed as withdrawn with liberty to the petitioner to file the appeal under the aforesaid provisions. 4. The petitioner would be entitled to move an application for Con-donation/extension of time for filing the appeal on account of the pendency of the petition before this Court and of the appeal before the Rajasthan Taxation Tribunal in accordance with law. 5. The Registry is directed to return the original documents to the learned counsel for the petitioner after retaining Photo-state copies of the same on record.Writ Petition dismissed. *******