ASHOK LEYLAND LTD. Vs. STATE OF RAJASTHAN & ORS.
LAWS(RAJ)-2012-2-185
HIGH COURT OF RAJASTHAN
Decided on February 07,2012

ASHOK LEYLAND LTD. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Dinesh Maheshwari, J. - (1.) This intra-court appeal is directed against the order dated 14.12.2011 as passed in CWP No. 5089/2010 whereby the learned Single Judge of this Court declined to entertain the matter in the writ jurisdiction and relegated the petitioner-appellant to the alternative remedy of an appeal before the DIG (Stamps).
(2.) Though this appeal has been filed on several grounds but at the outset, the learned counsel for the appellant submitted that another intra-court appeal, being SAW No.41/2012, filed against an order of the even date, i.e., 14.12.2011, as passed in CWP No.5182/2009 and involving similar and akin issues, has been considered and decided by a coordinate bench on 25.01.2012; and, essentially for the reason that vires of Rule 24(i) of the Rajasthan Land Tax Rules, 2006 were in challenge in the writ petition, the Division Bench was of the view that the matter was required to be heard by a Division Bench pursuant to the order dated 28.02.2011 whereby it has been directed that the matters pertaining to vires of any Act, Statute, any Order, Rules and Regulations made under any Act are to be heard by the Division Bench.
(3.) The learned counsel for the appellant has placed for perusal the order dated 25.01.2012 as passed in SAW No.41/2012 wherefrom it is noticed that the coordinate bench has allowed the appeal for the reason aforesaid and has restored the writ petition to its number for being listed for consideration before the Division Bench in accordance with law.;


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