Dismissed

Beeri Singh, S/O Sumera Ram v. the State of Rajasthan

Rajasthan HC22 Apr 2024CW/927/2024

Case brief

AI extract

What is this about?

Petitioner bypassed statutory appeal under Section 9(A) of Rajasthan Excise Act, 1950 to file writ petition. Single judge held statutory remedy mandatory and dismissed petition, granting liberty to file appeal.

What did the court decide?

Petitioner granted liberty to file statutory appeal under Section 9(A) of the Act within one month; pending stay application dismissed.

Beeri Singh, S/O Sumera Ram Vs the State of… — Writ and Judicial Review | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 927/2024

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Beeri Singh, S/o Sumera Ram, Aged About 62 Years, R/o. Ward No.2, Sita Ram Colony, Gulab Baag, Dholpur, Rajasthan, 328001

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----Petitioner

¶5

Versus

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The State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Jaipur

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Secretary, Finance (Revenue) Department, Secretariat, Jaipur

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The Excise Commissioner, Government Of Rajasthan, Udaipur

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District Excise Officer, Excise Department, Dholpur

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----Respondents

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For Petitioner(s) : Mr. Rajaram Chaudhary, Adv. For Respondent(s) : None Present

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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22/04/2024

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Admittedly, the aforesaid order passed by the District Excise Officer, Dholpur is appealable under Section 9(A) of the Rajasthan Excise Act, 1950, (for short ‘the Act of 1950’).

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Without availing the alternative statutory remedy of filing appeal under Section 9(A) of the Act of 1950, the petitioner has approached this Court straightaway, bypassing the jurisdiction of the statutory Appellate Authority.

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It is well settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of the Appellate Authority.

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[CW-927/2024]

¶19

In view of the above, the instant writ petition stands dismissed on this count alone granting liberty to the petitioner to file statutory appeal under Section 9(A) of the Act of Rajasthan Excise Act, 1950 assailing the impugned orders before the Appellate Authority within a period of one month from today. In case, any appeal is submitted within a period of one month from today, the Appellate Authority is directed to hear and decide the same after affording opportunity of hearing to all the respective parties strictly in accordance with law expeditiously, preferably within a period of one month thereafter ignoring the period of limitation.

¶20

Stay application and all application(s) (pending, if any) also stand dismissed.

¶21

(ANOOP KUMAR DHAND),J

¶22

DIKSHA MISHRA /5

Beeri Singh, S/O Sumera Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Beeri Singh, S/O Sumera Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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