1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Nathu Lal Jaroli Vs. State of Rajasthan & Anr. S.B.CIVIL WRIT PETITION NO.3140/2005 DATE OF ORDER :: February 01, 2007 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Salil Trivedi, for the petitioner. Mr.Rameshwar Dave, Dy.G.A. BY THE COURT: By the instant writ petition, the petitioner has challenged the order Annexure-3 dt. 7.11.2002 by which the petitioner was placed under suspension. The petitioner has also filed a document Annexure-5 dt. 4.4.2003 by which the order dt. 7.11.2002 Annexure-3 has been stayed by the State Government w.e.f. 7.11.2002 itself and, therefore, the State Government as such has stayed the order of suspension dt. 7.11.2002. So far as other relief prayed in the writ petition is concerned, it is for payment of subsistence allowance, which according to the learned counsel for the petitioner, has been paid 2 by the respondents to the petitioner. In the circumstances, therefore, the writ petition as such filed by the petitioner on 24.5.2005 is misconceived to the extent the order of suspension was stayed by the respondent State itself w.e.f. the date of order Annexure-3 i.e. 7.11.2002 vide Annexure-5 dt. 4.4.2003.. Learned counsel for the petitioner submits that now a fresh order has been passed by the respondents on 3.6.2006. At any rate, the writ petition was filed on 24.5.2005 and at that time, there was no order adverse to the petitioner in operation by virtue of Annexure-5 and, therefore, the writ petition being misconceived deserves to be dismissed. Accordingly, the writ petition filed by the petitioner is dismissed. The stay petition also stands dismissed. However, it is open for the petitioner to file a fresh writ petition, if he is aggrieved by any order passed subsequent to filing of the writ petition including the original order dt. 7.11.2002. There shall be no order as to costs. (H.R.PANWAR),J. m.asif/-