CW/10291/2007 of NARENDRA SINGH Vs STATE OF RAJ AND ORS on 20 December 2007

S.B. CIVIL WRIT PETITION NO.10291/2007.

Narendra SinghVs.State of Rajasthan & Ors.

Date of order :

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

Shri R.P. Garg for the petitioner.

Shri J.M. Saxena for the respondents.

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Grievance that has been raised by the

petitioner is that he should be given adjustment ofthe amount of tax deposited by the registered dealerswith the department which according to Rule 39(5) isrequired to be deposited with the contractor.

Having heard learned counsel for the parties and perused the material on record, I find that suchan issue would require determination on the part ofthe Commissioner, Department of Commercial Taxes,Government of Rajasthan, Jaipur in terms of clause 18of the agreement and therefore cannot be allowed to beagitated directly before this court.

The petitioner may approach the Commissioner and make representation before him and if such arepresentation is made, the Commissioner shallconsider and decide the same as per law.

The writ petition is accordingly dismissed asbeing not maintainable in view of availability ofalternative remedy.

anil/-

(MOHAMMAD RAFIQ), J.