1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Devender Singh Vs. State of Rajasthan and Another. S.B.Civil Writ Petition No. 1051/08 ......... Date of Order : 18/08/2008 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR BY THE COURT Mr. S.L.Jain for the petitioner. Mr. Rameshwar Dave, Addl. Government Counsel Mr. Rameshwar Dave, Additional Government Counsel submits that a remedy of revision under Section 65 of the Rajasthan Stamps Act is available to the petitioner and without exhausting the said remedy, the writ petition filed by the petitioner is not maintainable. A Constitution Bench of the Hon'ble Supreme Court, in G. Veerappa Pillai Vs. Raman & Raman Ltd., AIR 1952 SC 192, held that if there is statutory remedy of appeal/revision available to a person, the writ jurisdiction should not be invoked in such 2 matters. Same view has been reiterated by the Constitution Benches of the Hon'ble Supreme Court in K.S. Rashid & Sons Vs. Income Tax Investigation Commission & ors., AIR 1954 SC 207; Union of India & ors. Vs. T.R. Verma, AIR 1957 SC 882; State of U.P. & ors. Vs. Mohammed Nooh, AIR 1958 SC 86 and State of Madhya Pradesh & Anr. Vs. Bhailal Bhai etc. etc., AIR 1964 SC 1006. In U.P. State Spg. Co. Ltd. Vs. R.S. Pandey, (2005) 8 SCC 264, the Hon'ble Supreme Court held in categorical terms that the writ petition under Article 226 of the Constitution of India should not be entertained when the statutory remedy is available under the Act unless exceptional circumstances are made out. In Uttaranchal Forest Development Corporation Vs. Jabar Singh, & ors., (2007) 2 SCC 112, the Hon'ble Supreme Court held that the High Court should not deviate from the general view and interfere under Article 226 of the Constitution except when a very strong case is made out for making a departure. There are several decisions to the same effect. The Apex Court further held that the petitioners, who have not invoked the jurisdiction of the Tribunal are not entitled to any relief in the writ petitions. The instant writ petition is liable to be dismissed on the ground that the writ petition has been filed without 3 exhausting the alternative, efficacious and statutory remedy of revision. The writ petition is therefore, dismissed as not maintainable. However, it is open for the petitioner to challenge the order impugned by way of revision. No order as to costs. (H.R.PANWAR), J. rp 4 S.B.Civil Misc. Stay Petition No. 1708/2008 In S.B.Civil Misc. Writ Petition No. 1051/2008 Date of Order : 18/08/2008 HON'BLE MR. H.R.PANWAR, J. Mr. S.L.Jain for the petitioner. Mr. Rameshwar Dave, Addl. Government Counsel Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. rp