IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 546 of 2009 SHIV BASTI SANGHARSH SAMITI V/S STATE OF RAJ. & ORS. Mr. BS SANDHU, for the appellant / petitioner Date of Order : 6.7.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI GOVIND MATHUR,J. ORDER ----- Heard learned counsel for the appellant and perused the impugned order. We do not find any error in the impugned order so far as it declines relief to the appellant. Learned counsel submitted that learned Single Judge has taken into consideration the subsequent order passed by the Director of Agriculture Marketing Board on 11.6.2007 but then since that order was passed during pendency of the writ petition, the petitioner could not challenge that and learned Single Judge has dismissed the petition relying upon that order. In such circumstances learned counsel submits that the petitioner should be given liberty to assail the said order dated 11.6.2007, so also any other proceedings or order on basis of which this may have been passed. In our view the prayer is justified. :: 2 :: Accordingly, while dismissing the appeal it is clarified that it will be open for the appellant to assail the order dated 11.6.2007 so also any other proceedings or order on basis of which this may have been passed, and dismissal of this appeal or the writ petition will not come in their way. ( GOVIND MATHUR ),J. ( N P GUPTA ),J. /jgoyal /