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2025 DAILYLAW 8951 (RAJ)

R S R T C AJMER v. STATE OF RAJ AND ORS

CW/1605/2006 · 2025-03-05

Avneesh Jhingan, Maneesh Sharma

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Judgment text

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[2025:RJ-JP:9817-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 1605/2006 Rajasthan State Road Transport Corporation through its Chief Production Manager, Central Workshop, Makhupura, Nasirbad Road, Ajmer. ----Petitioner Versus 1. State of Rajasthan through its Secretary, Local Self Government Department, Rajasthan, Government Secretariat, Jaipur. 2. Director, Local Bodies, Rajasthan, Jaipur. 3. Nagar Prishad, Ajmer through its Commissioner, Ajmer. ----Respondents For Petitioner(s) : Mr. Siddharth Bapna with Mr. Rahul Kumar For Respondent(s) : Mr. Ketan Dhabia & Mr. Kuldeep Sharma through VC HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE MANEESH SHARMA Order 05/03/2025 1. This petition is filed challenging communication dated 23.09.2002 whereby the petitioner was directed to deposit the balance amount of octroi. 2. The case of the petitioner is that in view of the circular dated 19.01.1977 the octroi was deposited and there is no amount due. 3. On the other hand, learned counsel for the respondent submits that circular relied upon by the petitioner was superseded. [2025:RJ-JP:9817-DB] (2 of 2) [CW-1605/2006] 4. It is not disputed that the petitioner has remedy of appeal. There is a dispute with regard to the circular being operative at the relevant time. 5. The writ petition is pending since 2006 and the interim protection was granted in favour of the petitioner. 6. The petition is disposed of relegating the petitioner to avail remedy of appeal. 7. Considering that the interim order is operating since 2006. In the eventuality of petitioner filing an appeal within six weeks from today, the same shall be considered to be filed within limitation and the interim protection shall continue till the appeal is decided. 8. It shall be appreciated if the appellate authority decides the appeal expeditiously not later than one year from filing of appeal. (MANEESH SHARMA),J (AVNEESH JHINGAN),J Chandan/Deepa/3