IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL WRIT PETITION NO.8201/2007 Surja Ram & Ors. Vs. Board of Revenue & Ors. 6.8.2008. HON'BLE MR.JUSTICE DALIP SINGH Shri Hari Prasad Jangid, for the petitioner. Shri G.S. Rathore, for the respondent. This writ petition has been filed against the order of the learned Board of Revenue by which the learned Board of Revenue has upheld the order passed by the Additional Divisional Commissioner dated 16.3.2007. The Tehsildar decided the application and passed an order of mutation on the application, against which an appeal was preferred before the learned S.D.O. who accepted the appeal and remanded the case to the Tehsildar. Against the order of remand an appeal was preferred before the learned Additional Divisional Commissioner. The said appeal filed before the learned Additional Divisional Commissioner came to be dismissed in default and the restoration application was also dismissed vide order dated 16.3.2007. Against the decision of the learned Additional Divisional Commissioner dismissing the restoration application vide order dated 16.3.2007 the appeal came to be filed before the learned Board of Revenue which was dismissed vide impugned order dated 25.8.2007. It is against the aforesaid decision of the learned Board of Revenue the present writ petition has been filed. Learned counsel for th respondent has submitted that the writ petition has become infructuous as the learned Tehsildar to whom the case was remanded by the learned S.D.O. has in the meanwhile vide his judgment dated 18.3.2008 already decided the application regarding mutation in favour of the respondent. Against the decision of the Tehsildar the petitioner has already preferred a regular appeal which is pending and he has also filed a suit for declaration. Having heard learned counsel for the parties I am of the view that the contention of the learned counsel for the respondent deserves to be upheld in view of the fact that the Tehsildar has already decided the matter after the order of remand, as the present proceedings arise out of the aforesaid order of remand and against the decision of the Tehsildar after remand the petitioner has already filed the appeal as well as a regular suit. In view of the above, this writ petition is disposed of as having become infructuous. (DALIP SINGH),J. Ramchandrkhatri,PS