1 S.B. Civil Writ Petition No.4486/2010 Purkha Ram vs State of Rajasthan & Ors. Date of Order: 6.5.2010 HON'BLE MR. PRAKASH TATIA,J. Mr. Pradeep Choudhary, for the petitioner. Mr. MR Singhvi, for the respondents. <><><> Heard learned counsel for the petitioner. The petitioner is aggrieved against the order dated 30.4.2010 which can be challenged by preferring the revision before the Tax Board and that remedy is available in the statute itself and, therefore, this court is not inclined to entertain the writ petition of the petitioner and particularly in view of the fact that petitioner earlier also preferred writ petition no.8810/2009 that too was not entertained by this court in view of the availability of the alternate remedy under the statute though at that time of appeal. At this juncture, it will be appropriate to mention here that according to learned counsel for the petitioner this court in SBCWP No.8810/2009 by order dated 4.12.2009 directed the appellate authority to decide the appeal within a period of one week from the date of filing of the appeal and that has not been decided in time and it has been decided on 30.4.2010, but that period of limitation prescribed by the court's order dated 4.12.2009 cannot 2 make the order of the appellate authority without jurisdiction because of the reason that it has been passed after period prescribed by the High Court because of the plain and simple reason that, that direction of period in the facts of the case is only the court's anxiety to see that no harm be caused to the petitioner and that authority who had jurisdiction to entertain appeal if entertained the appeal, if decided the matter after the time fixed by the High Court then that order cannot be order without jurisdiction or even illegal. In view of the above reasons also, the petitioner is free to avail the alternate remedy. However, since the respondents have invited the tender for grant of license for the year 2010-11, therefore, it is directed that they may proceed with all the formalities except awarding the license to anybodyelse for a period upto 13.5.2010 and if the petitioner may prefer revision petition and if obtains any interim order that may be given effect to. In case the stay order is not submitted before 14.5.2010 to the competent authority, the competent authority will be free to grant license in pursuance of the process already initiated. Hence, the writ petition of the petitioner is dismissed with above liberty as well as with above condition. [PRAKASH TATIA], J. cpgoyal/-