1 D.B. CIVIL SPECIAL APPEAL No.611/2002 Narayan Singh vs State of Rajasthan & Ors. Date of Order : 03.12.2009 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE SANGEET LODHA Mr. KR Choudhary, for the appellant. <><><> By order dated 2.4.2003, the interim order granted in the appeal has already been vacated and it has been observed that it is for the State Government to decide where a school is to be established or constructed. In view of the above, the learned counsel for the appellant wants to withdraw this special appeal as well as the writ petition itself so as to approach the State Government for redressal of grievance raised in the writ petition. However, it is made clear that in case the school has already been constructed after vacating the interim order passed by the Division Bench of this Court by order dated 2.4.2003 then the appellant shall not be entitled to any relief of interference in the building of the school. The appellant if is entitled to any other relief of having more school then only he shall be entitled to the relief, which can be considered by the State Government after taking into account all the aspects of the matter as well a after taking into account the report dated 2.12.2002 for which we may make it clear that report is also only an expression of opinion by one authority 2 conveying it to the District Collector and decision is to be taken by the State Government. The representation if submitted within a period of one month from today, the representation of the petitioner may be considered by the competent authority of the State Government within a period of 3 months thereafter. In view of the above, the appeal of the appellant is dismissed as withdrawn with above observation and liberty. (SANGEET LODHA), J. (PRAKASH TATIA), J. cpgoyal/-