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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
For the Petitioner:Mr.Bheemkant Vyas, Advocate.
For the Respondent:Mr.O.P. Boob, Addl. Govt. Advocate.
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.
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