CW-11346/09 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.11346/2009 Giraja Shanakar Vs. Mahesh Kumar & Ors. Date of Order :: 29/09/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Rajnish Gupta, for petitioner. Mr. S.C. Purohit, Addl.GC for respondents. Matter has come up on application u/Art.226(3) of the Constitution for vacation of the exparte order passed by the Court on 22.10.09. With the consent of counsel for the parties, the petition itself has been heard finally and is being disposed of by the present order. It has been alleged in the petition that the petitioner is in possession over the land bearing khasra no.1315 & 1316 Village Dausa Khurd, Tehsil & District Dausa for last about 40 years. However, it has been allotted to Forensic Mobile Unit, by District Collector, Dausa vide order dt.23.11.07 (Annx.1) without complying with the provisions of Land Allotment Rules. After hearing counsel for the parties the Revenue Appellate Authority vide order dt.14.11.08 (Annx.2) CW-11346/09 (2) dircted to maintain status-quo in respect of the land in question. However, on an application being filed by the Government Advocate u/Ord.39 Rule 2 CPC the matter was pre-poned and the interim order was vacated vide order dt.30.1.09 (Annx.3), against which revision petition was preferred but the Board of Revenue was not inclined to entertain and the same was rejected vide order dt.05.05.09 (Annx.5), against which the instant petition has been filed by the petitioner. This Court while issuing notices to the respondents passed ex parte interim order on 22.10.09 staying the operation of the order 30.1.09 till next date-4.11.09 which was continued by subsequent orders. An application has been filed by the respondent u/Art.226(3) of the Constitution for vacation of the exparte interim order dt.22.10.09. Since the matter pertains to grant of interim relief and the reveue suit is still pending adjudication, this Court after hearing counsel for the parties considers it appropriate to observe that mere examining the matter for interim relief will not serve the purpose and as informed, the pleadings are complete – taking CW-11346/09 (3) note thereof, this Court accordingly considers it appropriate to direct the learned revenue authority to finally decide the revenue suit itself, after affording opportunity of hearing to the parties within a period of four months of the certified copy of this order being furnished. However, it is made clear that ex- parte order of this Court dt.22.10.09 shall remain in force till disposal of the revenue suit. With these directions/observations the writ petition and so also the prayer for interim relief made therein stand disposed of. (Ajay Rastogi),J. VS Shekhawat/-p.3 11346cw09Sep29FnlDsps.doc