IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5809/2004 Mandir Mahakali & Mahakaal, Trivenidham Versus The State of Rajasthan and Others Date of Order ::: 21.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri J.R. Choudhary, Counsel for petitioner Shri M.C. Gupta, Addl. Govt. Counsel for respondents #### By the Court:- Learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file an appeal before the appropriate appellate authority against the impugned order. He further submits that an observation may be made with regard to the condonation of delay in filing the appeal, if any, and for exclusion of the time spent in prosecuting this writ petition. The prayer is allowed. The writ petition is dismissed as withdrawn with liberty to the petitioner to file an appeal before the appropriate appellate authority along-with an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. It is observed that the appellate authority will sympathetically consider the application under Section 5 of the Limitation Act and will exclude the time spent by the petitioner in prosecuting this writ petition. Costs is made easy. (Narendra Kumar Jain) J. //Jaiman// IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.4969/2004 In S.B. Civil Writ Petition No.5809/2004 Mandir Mahakali & Mahakaal, Trivenidham Versus The State of Rajasthan and Others Date of Order ::: 21.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri J.R. Choudhary, Counsel for petitioner Shri M.C. Gupta, Addl. Govt. Counsel for respondents #### By the Court:- Consequent upon dismissal of the writ petition itself, the stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//