1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.588/2008 (Surendra Kumar & Ors. Vs. State & Ors.) Date of order : 29.01.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Dr. S.S. Bhandawat, for the petitioners. Heard learned counsel for the petitioners. It is contended by the learned counsel for the petitioners that the petitioners have preferred an appeal against the order dated 22.2.2006 (Annexure-2) passed by Sub-Divisional Officer, Sriganganagar. The said appeal was preferred by the petitioners before the District Collector, Sri Ganganagar. As per the contention of the learned counsel for the petitioners, the stay application filed along with the said appeal was dismissed on the ground that the record of the case is not available. Therefore, without deciding the controversy on merit, it is observed by the appellate Court that no stay can be granted. Learned counsel for the petitioners vehemently argued that on 2 one hand the stay application was dismissed and on the other hand, the respondents are taking action against the petitioners in pursuance of order dated 22.2.2006 Annexure-2. The main contention of the learned counsel for the petitioners is that the District Collector may decide the appeal finally preferred by the petitioners, till then, the so called recovery in pursuance of order Annexure-2 may not be made. In the facts and circumstances of the case, I deem it just and proper to direct the District Collector, Sri Ganganagar to decide the appeal of the petitioners within a period of one month from the date of receipt of certified copy of this order and till the decision of the said appeal no coercive action shall be taken against the petitioners by the respondents. With the above directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun