IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 947 of 1998 KALU & ORS. V/S ADDL.DN.COMMISSIONER, BIKANER Mr. SL JAIN, for the appellant / petitioner Mr. SUSHIL VISHNOI FOR Mr. MANOJ BHANDARI & Mr. ANIL VYAS FOR MR. S.D. VYAS for respondents. Date of Order : 6.8.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the parties. This appeal, is filed, against the order of learned Single Judge dated 11.08.1998, dismissing the writ petition, on the ground of delay, inasmuch as, the learned Single Judge, was of the opinion, that the writ petition, has been filed, against the order, made in the year 1987, and writ, having been filed, in the year 1997, is grossly belated. It is contended, by the learned counsel for the appellants, that Annex.1 was the original order of learned Collector, but against that order, the appellant had filed a revision before the learned Addl. Divisional Commissioner, which was decided on 26.02.1997, and challenging both those orders, the writ petition was filed, thus, the writ petition was filed, within very reasonable time,after passing of the revisional order, therefore, it could not be dismissed, on the ground of delay. We find force in the submission. Annex.2 is the order dated 26.02.1997, passed by learned Addl. Divisional Commissioner, dismissing the revision petition, against the order dated 09.04.1987, and the petition having been filed practically, within a period of three months, of the said order, could not be dismissed on the ground of delay. Consequently, the appeal is allowed, impugned order is set aside, and the matter is remanded back to the learned Single Judge to decide the writ petition on merit in accordance with law. The parties are directed to appear before the learned Single Judge on 8th September 2008. (KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. jpa/