DBCWP NO.2334/08. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R D.B. CIVIL WRIT PETITION NO.2334/2008. Chetendra Singh and ors. Vs. State of Rajasthan and ors. Date of order:- July 17, 2008. PRESENT HON'BLE THE CHIEF JUSTICE SHRI NARAYAN ROY HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Mr. Shiv Charan Gupta for the petitioners. Mr. B.L. Awasthi, Deputy Government Counsel. ***** BY THE COURT :- Heard learned counsel for the parties. 2) This writ petition has been filed challenging the validity of the order dated 10/5/2006 and also proviso to Section 65 of the Rajasthan Stamps Act, 1998 which provides pre-deposit of 50% of the amount of recovery as condition precedent for maintainability of revision petition to be filed before the Chief Controlling Revenue Authority as also Rule 58(1) of the Rajasthan Stamp Rules, 2004. The validity of the aforesaid proviso to Section 65 of the Act and Rule 58(1) of the Rules of 2004 was tested by the Division Bench of this Court at Principal seat delivered in DBCWP No.458/2006 decided on 1/11/2007 (M/s.Choksi Heraeus Pvt.Ltd., Udaipur Vs. State of Rajasthan & Ors.) : 2008(1) DNJ (Raj.) 1 wherein, DBCWP NO.2334/08. 2 those provisions were held to be ultravires of the Constitution of India and valid. The validity of similar provision was upheld even by the Supreme Court in a matter with regard to pre-deposit of 50% of stamp duty as a condition precedent for reference to the Collector under Section 47-A of the Indian Stamp Act, 1899 in Government of Andhra Pradesh & Ors. Vs. P.Laxmi Devi : 2008(1) DNJ (SC) 285. This writ petition is therefore dismissed in terms of the aforesaid judgments. (MOHAMMAD RAFIQ), J. (NARAYAN ROY), CJ. anil