Disposed

Naresh Singh Shekhawat S/O Shri Ramawatar Singh v. State of Rajasthan

Rajasthan HC6 Nov 2024CW/2572/2023

Case brief

AI extract

What is this about?

The Court held that since an alternative statutory remedy via appeal exists under the Rajasthan Excise Act, 1958, the writ petition cannot be entertained. The petition was disposed of with liberty to file the statutory appeal within one month.

What did the court decide?

Liberty granted to file statutory appeal under Section 9A within one month; writ petition disposed.

Naresh Singh Shekhawat S/O Shri Ramawatar… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:45928]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2572/2023

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Naresh Singh Shekhawat S/o Shri Ramawatar Singh, Aged About 31 Years, R/o Dhani Rela Village Karol PO Rajnota Kotputli, District Jaipur.

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----Petitioner

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Versus

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State of Rajasthan, through the Principal Secretary, Department of Excise, Government of Rajasthan, Government Secretariat, Jaipur.

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The Excise Commissioner, Government of Rajasthan, Udaipur.

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District Excise Officer, Ajmer Rajasthan.

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Excise Inspector Circle Kekri, District Ajmer.

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----Respondents

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For Petitioner(s) : None Present For Respondent(s) : Ms. Niti Jain & Ms. Anima Chaturvedi for Mr. Bharat Vyas, AAG

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JUSTICE ANOOP KUMAR DHAND

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Order

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06/11/2024

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By way of filing of this writ petition, a challenge has been made to the impugned notices/orders dated 23.10.2020 & 13.05.2022 passed by District Excise Officer as well as Excise Inspector.

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Admittedly, the aforesaid order/notice(s) are appealable under Section 9A of the Rajasthan Excise Act, 1958 (for short ‘Act of 1958’) but without availing alternative statutory remedy of filing appeal, the petitioner has straightaway approached before this Court.

[2024:RJ-JP:45928]

[CW-2572/2023]

(2 of 2)

It is settled proposition of law that whenever alternative statutory remedy of filing appeal is available to a person, he cannot be allowed to bypass the jurisdiction of the said authority.

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In view of above, the instant writ petition is disposed of granting liberty to the petitioner to file statutory appeal provided under Section 9A of the Act of 1958 before the appellate authority. In case, such appeal is submitted by the petitioner within a period of one month from today, it is expected from the appellate authority to decide the same expeditiously as early as possible, preferably within a period of three months, thereafter, strictly in accordance with law, ignoring the period of limitation.

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Stay application as well as all pending application(s), if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Garima/80

Naresh Singh Shekhawat S/O Shri Ramawatar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Naresh Singh Shekhawat S/O Shri Ramawatar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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