IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.2878/2004 Ram Babu Gautam S/o Ram Ratan Sharma and Another Versus Daslana Mandir Sanrakhsan Manav Kalyan Trust and Others Date of Order ::: 21.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Mahesh Sharma, Counsel for petitioners Shri M.C. Gupta, Addl. Govt. Counsel and Shri Sunit Awasthi, Counsel for respondents #### By the Court:- Heard learned counsel for the parties. The grievance of the petitioners in the present writ petition is that the Commissioner, Devsthan Department, vide its order dated 5th March, 2004, allowed the appeal of the respondents No.1 and 2 and set-aside the order dated 14th February, 2003, passed by the Assistant Commissioner, Devsthan Department, without considering the reasons given by the Assistant Commissioner and remanded the matter to him for fresh consideration thereof. The learned counsel for the respondents No.1 and 2 as well as the Additional Government Counsel, both, frankly and fairly conceded and contended that the matter may be remanded back to the Commissioner, Devsthan Department, Rajasthan, itself to decide the appeal on merits instead of remanding the matter. After considering the submissions of the learned counsel for the parties, and as conceded by the learned counsel for the respondents, the impugned judgment passed by the Commissioner, Devsthan, dated 5th March, 2004, is set-aside. The matter is remanded back to the Commissioner, Devsthan Department, Rajasthan, Udaipur to decide the appeal No.10/2003 filed by the respondents No.1 and 2 on merits. Both the parties are directed to appear before the Commissioner, Devsthan, Rajasthan, Udaipur, on 21st July, 2008. The writ petition stands disposed of. 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.2499/2004 In S.B. Civil Writ Petition No.2878/2004 Ram Babu Gautam S/o Ram Ratan Sharma and Another Versus Daslana Mandir Sanrakhsan Manav Kalyan Trust and Others Date of Order ::: 21.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Mahesh Sharma, Counsel for petitioners Shri M.C. Gupta, Addl. Govt. Counsel and Shri Sunit Awasthi, Counsel for respondents #### By the Court:- In view of the order passed in the writ petition itself, the stay application, filed therewith, also stands disposed of. (Narendra Kumar Jain) J. //Jaiman//