1 D.B. CIVIL SPECIAL APPEAL(W)NO.35/2008 Tanwar Singh Khichi Vs. State of Rajasthan DATE OF ORDER :: 30-01-2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE R.M. LODHA Mr. Alok Sharma, for the appellant. Heard learned counsel for the appellant. Perused the order impugned. It appears that under the garb of a notice dated 28.9.2005 for eviction, the writ petitioner virtually challenged the cancellation of lease for poultry farm business. The writ Court ultimately dismissed the writ application holding that the order of cancellation was challenged at highly belated stage. Learned counsel for the appellant submitted that the appellant cannot be evicted by exerting force and the writ Court should protect the interest of the appellant. The learned Single Judge of this Court has not opined on merit of the case, rather dismissed the writ application on the ground of delay and laches. The questions which are being urged by learned counsel for the appellant before us, in our view, therefore, need not be considered and 2 appreciated as the appellant may have the remedy otherwise than the writ application. The order passed by the learned Single Judge of this Court, in this view of the matter, cannot be said to be either bad in law or on facts. This appeal accordingly is dismissed. However, it is observed that this order will not prejudice the cause of the appellant while exploring the possibility of any remedy in accordance with law. [R.M.LODHA],J. [NARAYAN ROY],CJ. Praveen