-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R D.B. Civil Special Appeal (W) No.1882 of 2008 IN S.B. Civil Writ Petition No.794 of 1999 Sumer Singh son of Shri Shaitan Singh VERSUS Board of Revenue for Rajasthan, Ajmer & Others Date of Order :::: 20th April, 2010 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice M.N. Bhandari Mr. S.S. Rathore and Mr. D.S. Shekhawat, Counsel for the appellant *** By the Court : By this special appeal, a challenge has been made to the order dated 02.07.2008, whereby the writ petition filed by the petitioner was dismissed. Learned counsel for the appellant submits that the issue involved in this case is pending consideration before the Larger Bench of this Court, in the light of the aforesaid, this matter may be kept pending as the issue regarding the Jagir Resumption Act, 1952 has not been taken note of. We have considered the submissions made by the learned counsel for the appellant and perused the impugned judgment. A perusal of the judgment shows that on the request of the learned counsel for the petitioner, the writ petition was dismissed with certain observations. This was precisely in the light of the earlier judgment of this Court in the case of Arjun Singh. The petitioner-appellant was given liberty to pursue his -2- rights by moving to a competent Court with observation that case would be decided based on evidence led by the parties. In view of the dismissal of the writ petition on the request of the petitioner with observations as prayed, a challenge to said order cannot be made by maintaining an appeal. In view of the aforesaid, we do not find any force in the appeal, the same is dismissed. However, the observations made in the impugned judgment are maintained and thereby the appellant would be at liberty to pursue his rights as per the provisions of law. The stay application also stands disposed of. (M.N. Bhandari) J. (Dalip Singh), J. ashok/