M/S Sanjiv Industrial ... vs State Of Rajasthan
2022 Latest Caselaw 4735 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

             D.B. Civil Writ Petition No. 4962/2019

M/s Sanjiv Industrial Corporation A Partnership Firm, Through Its
Partner Sanjay Kumar Sarraf Son Of Late Shri Mahavir Prasad
Sarraf, Aged 49 Years, D-125/a, Road No. 9, V.k.i. Area, Jaipur
(Raj.)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Principal Secretary, Finance
         Department, Government Secretariat, Jaipur.
2.       Collector (Stamps), Registration And Stamps Department,
         Jaipur-I (Raj.)
3.       Sub-Registrar-Ii, Registration And Stamps Department,
         Sanganer, Jaipur (Raj.)
                                                                 ----Respondents

For Petitioner(s) : Mr. Mukesh Kumar Verma For Respondent(s) : Major R.P. Singh, AAG with Mr. Jaivardhan Singh Shekhawat

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN

Judgment / Order

12/07/2022

1. The present Civil Writ Petition has been filed against the

order and judgment dated 09.08.2016 passed by learned Collector

(Stamp), Jaipur-I under Section 51 of Rajasthan Stamps Act,

1998.

2. At the outset, counsel for the respondent has raised

preliminary objection. First, he has submitted that under Rule 65

of Rajasthan Stamps Act, 1998, there is power to file appeal with

a pre deposit of 25% of the recoverable amount. Subsequently, he

has submitted that against the order dated 09.08.2016 passed by

(2 of 2) [CW-4962/2019]

Respondent No.2 whereby directions were given to the petitioner

to deposit deficit stamp duty of Rs.14,40,520/- including penalty

and interest. Petitioner has challenged the said order after a delay

of almost three years. Therefore, the writ petition suffers from

delay and laches.

3. We have considered the contentions.

4. After consideration of the above said facts, it is analyzed that

the appeal is a statutory right and the same is maintainable if the

appeal is filed in time. Approaching the High Court after a delay of

three years, defeats the right to appeal. In the light of the

preliminary objections filed to the application, on the account of

delay and on account of alternate remedy available to the

petitioner, present Writ Petition is not maintainable.

5. Accordingly, present Civil Writ Petition is dismissed as not

maintainable.

                                   (SAMEER JAIN),J                                           (PANKAJ BHANDARI),J

                                   ARTI SHARMA /68









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