2008 Supreme(Raj) 1572

RAJASTHAN HIGH COURT
Gopal Krishan Vyas, J.
Satnam Singh - Appellant
Versus
State of Rajasthan & Ors. - Respondent
S.B. Civil Writ Petition No.1173 of 2008.
Decided On : 19-02-2008

The availability of an alternate remedy through filing a revision petition and the directive for the revisional authority to decide the revision on merit and not dismiss it on the ground of limitation.

Headnote:

Rajasthan Stamp Act, 1998 - Validity of Proviso to Section 65(1) - The court upheld the validity of the proviso to Section 65(1) of the Rajasthan Stamp Act, 1998, and directed the petitioner to avail the alternate remedy by filing a revision petition within two months. The revisional authority was directed to decide the revision on merit and not dismiss it on the ground of limitation.

Fact of the Case:

The validity of the proviso to Section 65(1) of the Rajasthan Stamp Act, 1998 was challenged.

Finding of the Court:

The court directed the petitioner to avail the alternate remedy by filing a revision petition within two months and directed the revisional authority to decide the revision on merit and not dismiss it on the ground of limitation.

Issues: Validity of proviso to Section 65(1) of the Rajasthan Stamp Act, 1998, and availability of alternate remedy through filing a revision petition.

Ratio Decidendi: The court upheld the validity of the proviso to Section 65(1) and emphasized the availability of an alternate remedy through filing a revision petition, directing the revisional authority to decide the revision on merit and not dismiss it on the ground of limitation.

Final Decision: The writ petition was disposed of with the liberty to the petitioner to approach the revisional authority by way of filing a revision petition within two months, and the revisional authority was directed to decide the same within a period of two months thereafter.