1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ---------------------------------------------------- SPL. APPL. WRIT No. 68 of 2002 INDER MAL KOTHARI & ORS V/S STATE & ORS Mr. MS SINGHVI, for the appellant / petitioner Mr. DILIP KAWADIA, for the respondent Date of Order : 11.2.2010 HON'BLE SHRI A.M.SAPRE,J. HON'BLE SHRI DINESH MAHESHWARI,J. ORDER ----- This is an appeal filed by the writ petitioners of Writ Petition No. 303/2002 under Section 18 of the Rajasthan High Court Ordinance against the judgment/order dt. 23.1.2002 passed by the learned Single Judge in the said writ. (2) By impugned order, the learned Single Judge was pleased to dismiss the writ petition of the appellants. (3) Having heard learned counsel for the parties at length, and on perusal of the record of the case, we have formed an opinion that this appeal can be 2 disposed of finally without adverting to the facts involved in the writ petition out of which this writ appeal arises. Indeed it would be now for the appropriate Court to decide the issue involved in appeal on the merits in accordance with law as observed infra. (4) Learned counsel for the parties brought to our notice that pursuant to the interim order dt. 09.12.2009 passed in this appeal, the Secretary, Urban Improvement Trust, Udaipur has passed an order dt. 11.2.2005 Annexure R/1 on the representation of the appellants which was made to him. In the light of this subsequent event which has come into existence after passing of the impugned order which undisputedly has a bearing over the controversy involved in appeal, we consider it just and proper to grant liberty to the appellants to challenge the order dt. 11.2.2005 (Annex. R/1) passed by the Secretary, Urban Improvement Trust, Udaipur in appropriate proceedings as may be permissible in law. This Court being an appellate court, would not be in a position to examine its legality for the first time in this appeal. Moreover, granting liberty would not in any way cause prejudice to any of the parties. (5) In case if any such remedy is resorted to by 3 the appellants then, the same would be decided by the competent court in accordance with law uninfluenced by any of the observations/findings recorded by the learned Single Judge in the impugned order dt. 23.1.2002 passed in the writ petition out of which writ appeal arises. (6) In the light of the foregoing discussion, this special appeal is finally disposed of. No costs. ( DINESH MAHESHWARI ),J. ( A.M.SAPRE ),J. /Sushil/