1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R Ramswaroop Khatik Vs. State of Rajasthan & Anr. S.B.CIVIL WRIT PETITION NO.3829/2008 Date of Order : : 13/08/2008 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr.B.S.Charan, for the petitioner. Mr.M.R.Singhvi, for the respondent-Excise Department. BY THE COURT: Heard learned counsel for the parties. By the instant writ petition under Article 226 of the Constitution of India, the order Annexure-5, 7 and 8 have been challenged by the petitioner. Learned counsel for the respondents submits that the orders impugned are appealable under Section 9A of the Rajasthan Excise Act, which reads as under:- 2 “9A. Appeal and Revision- (1) An appeal shall lie - (a) to the Excise Commissioner from any order passed by an Excise Officer under this Act, and [“(b) to the Division Bench of the Board of Revenue established under the provisions of Rajasthan Land Revenue Act, 1956 (Act No.15 of 1956), from any order passed by the Excise Commissioner under this Act otherwise than on appeal.”] (2) Any appeal under sub-section (1) may be preferred at any time within sixty days from the order complained of. .........” Faced with this situation, the learned counsel for the petitioner seeks to withdraw the writ petition with liberty to file an appeal before the Excise Commissioner, however, submits that while computing the period of limitation, the period consumed by the petitioner in pursuing the writ remedy may be excluded and the limitation may not come in the way of the petitioner. Learned counsel for the petitioner submits that the petitioner will file an appeal within a week and till then, respondents may be directed not to finalize tender Annexure-8. In this view of the matter, the writ petition is dismissed as withdrawn with liberty to the petitioner to file an appeal as envisages under Section 9A of the Rajasthan Excise Act within one week and if such an appeal is filed within a period of one week, the period of limitation would not come in the way 3 of the petitioner and upto 20th August, 2008, the respondents shall not finalize the tender Annexure-8. (H.R. PANWAR), J. NK 4 S.B.CIVIL MISC.STAY APPLICATION NO.7027/2008 IN S.B.CIVIL WRIT PETITION NO.3829/2008 Date of order : : 13.08.2008 HON'BLE MR.H.R.PANWAR,J. Mr.B.S.Charan, for the petitioner. Mr.M.R.Singhvi, for the respondent-Excise Department. Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. NK