D.B.Civil Special Appeal(Writ) No.1177/08 Mahesh Kumar V/s Shyam Sunder & ors. 15.7.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.H.P.Singh for the appellant. Heard learned counsel for the appellant both in limitation and also on merits. Delay in filing this appeal is condoned. By the order impugned, the learned Single Judge of this Court dismissed the writ application filed by the writ-petitioners-respondents with liberty to file a fresh application before the court below for appointment of Commissioner. However it was observed that in case any application is filed for appointment of the Commissioner, necessary order may be passed by the court below in accordance with law. It appears that earlier report submitted by the previous Commissioner was not accepted by the court below on account of opposition by this appellant. The learned Single Judge of this Court however, without interfering with the impugned order, has given liberty to make a fresh application for appointment of Commissioner, which in our opinion was permissible. In view of the circumstances referred to above, we do not find any reason to interfere with the impugned order. This appeal accordingly is dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar