// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.7741/2002 With S.B. Civil Misc. Stay Application No.7229/2002 {Ashok Kumar Naidu Vs. Rajasthan State Road Transport Corporation and Another} Date of Order ::: 20.05.2009 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Tanveer Ahmed, Advocate, for Shri Bhanwar Bagri, Counsel for petitioner Shri Mukesh Kumar Verma, Counsel for respondents #### By the Court:- Learned counsel for both the parties admit that impugned order dated 18th July, 2002, awarding penalty against petitioner under Section 36 of the Standing Order, is appealable before appellate authority of the respondent Corporation and, as such, learned counsel for petitioner seeks permission to withdraw the writ petition with liberty to file an appeal before the appellate authority. Learned counsel for the respondent Corporation assures that in case any appeal is preferred within time bound programme then the same will be considered on merits without considering any objection regarding limitation in filing thereof. // 2 // The prayer of learned counsel for the petitioner appears to be reasonable, hence the same is allowed. Consequently, the writ petition is dismissed as withdrawn with liberty as prayed for, with further direction that in case an appeal against the impugned order is filed within a period of 30 days from today along-with a copy of this order then the appellate authority of the respondent Corporation shall decide the same on merits. Parties are directed to bear their own costs. Consequent upon dismissal of the writ petition, stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//