IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JUDGMENT M/s. N.S. Publicity Agencies Vs. Jaipur Development Authority & Another (DB Civil Special Appeal (Writ) No.1410/2008) D. B. Civil Special Appeal under Ordinance 18 of the Rajasthan High Court Ordinance,1949 against the judgment dated 20-8-2008 of learned Single Judge in SB Civil Writ Petition No.662/2008. Date of Judgment: August 27, 2008. PRESENT HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Bajrang Lal Sharma, Sr.Advocate] for the appellant. Mrs.Susan Timothy ] Mr. B.C.Chirania ] for the respondents. Mr. Ravi Chirania] BY THE COURT:(PER HON'BLE Shiv Kumar Sharma,J.) Heard learned counsel for the parties. 2. The appellant filed writ petition before learned Single Judge with the following prayer:- “(a) to quash and set aside the action of respondent No.1 in rejecting the petitioner's request for extension of the concession period with regards to the overhead signage installed at 21 locations as specified in Schedule-A being arbitrary and unreasonable. (b) to declare that the petitioner is entitled for the extension of the concession period for the said installed signages. (c) to direct the respondent No.1 to extend the concession period for the said installed overhead signages for further three years in view of the reasons as stated in the writ petition. (d) to restrain the respondent No.1 from withdrawing the advertisement rights of the petitioner over the said installed overhead signages. (e) to restrain the respondent No.1 from transferring the ownership of the said installed overhead signages to the respondent No.2.” 3. On January 28, 2008 notices were issued to respondents and interim order was passed directing the parties to maintain status quo. The matter was thereafter listed before learned Single Judge on different dates. On July 28, 2008 learned Single Judge directed to list the matter for admission on July 31, 2008. Thereafter the matter was listed on July 31, 2008, August 8, 2008, August 11, 2008, August 12, 2008, August 13, 2008, August 14, 2008 and August 20, 2008. 4. It appears that on August 20, 2008, learned Single Judge modified the interim order and allowed the respondents to proceed with the finalisation of the bids and allotment of the sites. Against this order that the present action of filing Special Appeal has been resorted to by the appellant. 5. At this juncture it may be noticed that Article 226(3) of the Constitution of India provides as to in what manner the party against whom ex-parte interim order is passed can proceed. Article 226(3) reads as under:- “(3) Where any party against whom an interim order whether by way of injunction or stay or in any other manner is made on, or in any proceedings relating to, a petition under clause I, without- (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order, and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open, and if the application is not so disposed of, the interim order shall, on the expiry of that period or, as the case may be, the expiry of the said next day, stand vacated.” 6. Undeniably no such application under Article 226(3) of the Constitution was filed by the respondent Municipal Corporation before learned Single Judge seeking modification or vacation of the interim order. Since the writ petition is pending before the learned Single Judge, we do not want to express our opinion onto merits and demerits of the matter. We, however, are of the view that in the facts and circumstances of the case the writ petition itself needs final disposal. 7. Accordingly the instant appeal stands disposed of in the following terms:- (i) We request learned Single Judge to decide writ petition finally at the admission stage. (ii) We direct the parties to appear before the learned Single Judge on September 01, 2008 to make final submissions in the writ petition. (iii) Till the writ petition is decided the parties shall maintain status quo and auction proceedings shall not commence. (iv) Impugned order dated August 20, 2008 stands set aside. (v) There shall be no order as to costs. (vi) Deputy Registrar (Judicial) shall convey this order to the Chief Executive Officer, Municipal Corporation, Jaipur. (Mahesh Bhagwati),J.(Shiv Kumar Sharma)J. arn/