1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 319 of 2008 STATE & ORS V/S JETHA LAL MEWARA Mr. MR SINGHVI, for the appellant / petitioner Mr. VIKAS BALIA, for the respondent Date of Order : 27.8.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the parties. It is not in dispute that after passing of the impugned order and in pursuance of the directions given by learned Single Judge, the appellant has already initiated fresh inquiry and notices have been issued to the respondent. The inquiry has however, not been concluded so far. That being the position, in our view, when the fresh inquiry has already been initiated any exercise to be undertaken by this Court would not be worthwhile, inasmuch as, the result of that inquiry is to decide the rights of the respondent one way or the other. In that view of the matter, in a sense it can be said that the appeal remains only academic and, therefore, we would not like to entertain the same. 2 It was contended by learned counsel that certain observations have been made by learned Single Judge on the aspect of non-exhaustion of alternative remedy. In that regard, we may also clarify that the observations shall be treated to be confined to this particular case only, and shall not be treated to be a law laid down in all the cases in the sense that if the question again arises, it will be open to the concerned learned Judge to examine the question, about entertaining the writ petition without exhaustion of alternative remedy on its own merits. With the above clarification, the appeal is dismissed. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/