-1- Writ Rap No.847/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R D.B. Civil Misc. Restoration Application No.847 of 2009 IN D.B. Civil Special Appeal (Writ) No.676/2005. The State of Rajasthan and Others VERSUS Diwan Singh son of Shri Dev Hans Ram Date of Order :::: 15.11.2010 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice S.S. Kothari Mr. S.N. Kumawat, A.A.G. for the appellants. **** By the Court : Heard learned Additional Advocate General on the application under Section 5 of the Limitation Act. However, during the course of hearing, the learned Additional Advocate General pointed out that by the impugned judgment, which was assailed before the Division Bench in the appeal as many as 186 petitions came to be decided from which the appeals were preferred by the State against the judgment of the learned Single Judge, dated 4th May, 2004. It was pointed out by the learned counsel that the other appeals came up before the Court, including D.B. S.A.W. No.1273/2006 and vide order dated 22.01.2009 the said appeal and identical appeals came to be decided on the basis of judgment of this Court reported in 2008 (2) W.L.C. 406 (State of -2- Writ Rap No.847/2009 Rajasthan & Ors. Vs. Raniwas Porwal & Others). Before the Division Bench at that time it was conceded that a dispute involved in that particular appeal was covered by the aforesaid judgment in Raniwas Porwal's case and accordingly the appeal filed by the State of Rajasthan was disposed of in the light of the judgment in Raniwas Porwal's case. There is a delay of 1270 days in filing this restoration application on the part of the State. We have heard learned counsel for the State. Considering the application filed under Section 5 of the Limitation Act for condonation of delay, we are of the view that since the matter as submitted by the learned Additional Advocate General is covered by the decision of this Court in the case Raniwas Porwal's (supra) as held while deciding the State appeals against the impugned judgment in D.B. S.A.W. No.1273/2006 vide order dated 22.01.2009 no useful purpose would be served in allowing the restoration application alone. Accordingly, we dispose of this restoration application and the special appeal which would stand covered by the decision of the Division Bench of this Court in the case of Raniwas Porwal's (supra) and the respondent-petitioner would also be liable to be given similar treatment as the other petitioners as held vide order dated 22.01.2009 in D.B. S.A.W. No. 1273 of 2006 arising out -3- Writ Rap No.847/2009 of the impugned judgment. Accordingly, the restoration application stands allowed. The application under Section 5 of the Limitation Act stands disposed of. The D.B. S.A.W. No.676 of 2005 stands disposed of. The stay application also stands disposed of. In case, the petitioner-respondent has any objection to the above order, it would be open for the petitioner-respondent to approach this Court as we have not issued notices to the petitioner of this application U/s. 5 of the Limitation Act as well as the restoration application as the petitioner did not appear in the hearing of the main appeal despite service. (S.S. Kothari) J. (Dalip Singh) J. Ashok/