1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.5013/2008 (Om Prakash Vs. State of Raj. & Ors.) Date of order :: 21.11.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Mahipal Bishnoi, for the petitioner. Heard learned counsel for the petitioner. By way of filing present writ petition, petitioner is challenging the order dated 22.05.2008 (Annexure-3) passed by respondent No.2 - Excise Commissioner, Udiapur. Against the said order, there is provision of filing appeal under Section 69 (5) of the Rajasthan Excise Act. In this view of the matter, this writ petition is dismissed on the ground of availability of alternative remedy. The petitioner is free to avail alternate remedy as provided under Section 69 (5) of the Rajasthan Excise Act. However, in the event of filing an appeal by petitioner, the same may be 2 decided in accordance with law while condoning the delay. The petitioner may also file an application under Section 5 of the Limitation Act for condonation of delay. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-