1 D.B.Civil Special Appeal (Writ) No.810/2009 Rajasthan State Road Development & Construction Corporation Ltd. & anr. V/s RSRDC Officers Association and ors. 12.7.2010 Hon'ble the Chief Justice Mr.Jagdish Bhalla Hon'ble Mr.Justice M.N.Bhandari Mr.S.N.Kumawat, Addl.Advocate General for the appellants. Mr.Mahendra Singh for the respondents. With the agreement of the parties, the matter has been heard finally. The learned counsel for the appellants submits that though application under Article 226(3) of the Constitution of India has been decided by the impugned order, the learned Single Judge made findings and observations therein, which may affect the final hearing of the writ petition pending consideration before the learned Single Judge. The learned counsel for the respondents, on the other hand, submits that the writ petition is coming up for final hearing before the learned Single Judge on 19th of July, 2010. It was only that application under Article 226(3) was dismissed, any observation and finding in the impugned order are only tentative and cannot be taken as final. It is only after hearing both the parties that the matter would be decided by the learned Single Judge on its merit. Thus, if the anxiety of the appellants is only that the impugned order may not finally govern the outcome of the writ petition, then necessary 2 clarification may be made, but in that eventuality, there is no necessity to set aside the impugned order. We have considered the submissions of the parties. We are of the opinion that while dismissing the application under Article 226(3) of the Constitution of India, any observation or finding made in the order has to be taken as tentative and cannot be taken to be final. It is only after hearing the writ petition that the final decision would be given by the learned Single Judge. The matter is coming up for final hearing on 19th July, 2010, as informed by the parties, and thus, while denying interference with the impugned order, it is made clear that any observation or finding recorded therein is to be taken tentative and not conclusive and it would not affect the hearing of the writ petition, rather writ petition would be decided by the learned Single Judge independently on the basis of arguments to be made by the parties. With the aforesaid observations, this appeal is disposed of. (M.N.Bhandari)J. (Jagdish Bhalla)C.J. Parmar