SBCWP NO.5589/09. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO.5589/2009. Ruchi Soya Industries Ltd. Vs. State of Rajasthan & Ors. Date of order:- May 13, 2009. Hon'ble Mr.Justice Mohammad Rafiq Shri Alok Sharma for petitioner. Shri J.M. Saxena for the respondents. **** BY THE COURT:- This writ petition has been filed by the petitioner with the prayer that Commercial Taxes Officer, Anti Evasion Rajasthan-III, Jaipur be directed to dispose of his application within a period of two weeks and a similar direction be issued to the Deputy Commissioner Appeals (IV), Commercial Taxes Department, Jaipur to dispose of appeal filed against the demand raised by the assessing authority under order dated 9/3/2009 within a period of four weeks. Notice of this petition was issued and Shri J.M. Saxena, learned counsel has appeared for the respondents. 2) Shri Alok Sharma, learned counsel for the petitioner submitted that till such time, SBCWP NO.5589/09. 2 either his rectification application or appeal is decided, the respondents may be directed not to enforce the demand created vide order dated 9/3/2009 specially when petitioner has made pre- deposit of 10% of the demanded amount which is Rs.91,92,800/-, with the appeal. 3) Shri J.M. Saxena, learned counsel for the respondents submits that rectification application of the petitioner is under active consideration of the competent authority but at the same time, petitioner has availed of the remedy of appeal. Learned counsel submits that he would have no objection if the appellate authority is required to decide such appeal within the time limit specified by this Court. This writ petition is disposed of with the direction to respondents No.3 and 4 to decide the appeal and rectification application of the petitioner within a period of two months from the date, copy of this order is produced before them. Since the petitioner has already made pre-deposit of 10% of the demand, remaining demand would not be enforced against him till disposal of either the rectification application or the appeal. (MOHAMMAD RAFIQ), J. anil