!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. SALES TAX REVISION PETITION NO.148/2009 M/s. R. Divakar & Dinesh Mali vs. Add. Comm (Anti-Evasion) Commercial Taxes Dept., Rajasthan, Jaipur. Date of order :: 18.05.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Dinesh Mehta, for the petitioner. Learned counsel for the petitioner wants to withdraw this revision petition. It is, however, submitted that earlier the order which is challenged before the Tax Board was also challenged before this Court by way of filing D.B. Civil Writ Petition No.5245/2006 while challenging the validity of Section 79 of the Rajasthan Sales Tax Act, 1994. The said writ petition was withdrawn due to subsequent development in the matter and a liberty was granted by the Division Bench to file fresh writ petition. Learned counsel for the petitioner, therefore, !! 2 !! prays that he may be permitted to challenge the order impugned in this revision petition by way of filing writ petition for which the liberty has already been granted by the Division Bench of this Court. In my opinion, when liberty has already been granted to the petitioner by the Division Bench to file fresh writ petition, he is permitted to withdraw this revision petition. The revision petition is, therefore, dismissed as withdrawn with liberty as sought for which is already granted by the Division Bench. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-