CW 3019/2010 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3019/2010 Ashok Kumar Versus State & Ors. DATE OF ORDER : 12/03/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. R.P. Garg, for petitioner Instant petition has been filed by petitioner assailing the demand/auction notices served upon the petitioner dt.28th May, 1997 [Ann.1] & dt.11th July, 1997 [Ann.2] respectively. It appears from the record that initially a civil suit was filed against impugned notice which was decreed by learned trial Judge. However, matter travelled upto Second Appeal No.134/06 and finally suit was dismissed on the premise that it was not maintainable in view of Sec.9-B of Rajasthan Excise Act and accordingly, appeal was dismissed. Counsel submits that during pendency of the proceedings initiated in Civil Court, the stay was operating and if he is now being asked to approach by filing appeal u/s.9A, period of limitation has expired and certainly that will cause prejudice to the petitioner. Once the remedy of statutory appeal u/s.9-A of the Act is available to the petitioner, which has been noticed by the Court while disposing of second appeal preferred by petitioner. It will not be appropriate to entertain the instant petition. CW 3019/2010 [2] However, Counsel submits that he will deposit 50% of the demand in terms of impugned notices Ann.1 & Ann.2 and his appeal may be considered by the authority on merits. This Court considers it appropriate looking to the fact situation in the instant case that dispute remained pending for almost 13 yrs. in Civil Court and accordingly, writ petition stands disposed of with the direction that appeal, if preferred by petitioner against impugned notices dt.28th May, 1997 [Ann.1] & dt.11th July, 1997 [Ann.2] within one month after depositing 50% of the demand in terms of impugned notices from today, the same may be entertained and be decided on merits. However, further recovery in pursuance of impugned notices shall remain stayed till disposal of appeal. But, if the petitioner fails to submit appeal within the time provided, the respondents will be free to proceed in accordance with law. [AJAY RASTOGI], J. FRBOHRA3019CW10 12-03.doc