Judicature For Rajasthan Bench High Court · 2012
Case at a glance
Outcome
Dismissed
Those four applications are dismissed
Provisions considered
Judgment
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashutosh Bhatia for the petitioners. Shri R.B. Mathur for the respondents. ****** The subsequent four notices are being sought to be placed on record by way of these applications. Those notices could not be taken on record here because they are based on subsequent developments, for which the petitioners can take remedy separately. Those four applications are dismissed. The writ petition was filed challenging the order dated
31.10.2011 and 8.12.2011 by which attachment proceedings were ordered to be initiated against the petitioners for the recovery of the dues under Land Revenue Act. It is submitted that pursuant to said orders, recovery had already been made though in part. But, subsequently, the petitioners entered into settlement with the respondents and made certain more deposits. Petitioners earlier filed writ petition before the Supreme Court, but subsequently sought to withdraw the same with liberty to avail some other appropriate remedy as may be available to them in accordance with law. The writ petition was dismissed as withdrawn by order of the Hon'ble Supreme Court dated
13.7.2012. In some matters, petitioners filed appeal before Deputy Commissioner (Appeals). Two such appeals were dismissed. In one of such cases, the petitioners filed appeal before the Tax Board and in another case, they filed review petition. Counsel for the petitioners submits that the appeals/review petition pending before the appellate authority / Tax Board do not cover the entire payment. 2 If that be so, the petitioners should first avail of the remedy of appeal even for rest of the assessment order/recovery notices. If they file any such appeal within 30 days from today, the appeal shall be entertained and may not be dismissed on the ground of delay. With that liberty, the writ petition is disposed of. The stay application also consequently stands disposed of. (MOHAMMAD RAFIQ), J. RS/70 All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Those four applications are dismissed
Which statutory provisions did this judgment involve?
Land Revenue Act.
Which court decided this case, and when?
Rajasthan High Court, on 03 Dec 2012. The bench was MOHAMMAD RAFIQ.
Precedent status how later indexed judgments have treated this case
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