1. ' Petitioner was found liable to pay Rs.31,400 as gains tax assessed on the value of the property sold by him to one Ghulam Nabi, on 21-4-1986. Against order dated 12-5-1986, an appeal has been filed by petitioner. It is stated to be still pending. Alongwith the appeal, an application for suspension of the impugned order was made. Learned counsel states that no order has so far been passed on the application for stay. In these circumstances, a petition under Article 199 of the Constitution has been filed in this Court. It is claimed that an appropriate writ be issued to quash the demand and respondent No. 1 before whom the appeal was pending be directed to decide the same.
2. ' Though right of appeal is a substantive right and where it exists the appellate Court is possessed of power to grant interim relief, but exercise of such a power is in the discretion of a Court. It can either grant the interim relief or refuse to order stay. All depends on the circumstances of each case and it is for the appellate authority to decide for itself, whether a case for stay is made out or not. In the circumstances, course open to the petitioner is to press for decision on his application for interim relief before the appellate authority and in case he does not succeed remedy for him is provided in the Capital Gains Tax Rules, 1964. Writ petition is not an appropriate remedy. Likewise, petitioner can apply for early hearing of his appeal and also press for its early decision before the appellate authority. With these observations, I do not see any merits in the writ petition and proceed to order its dismissal summarily.