CW 9735/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.9735/07 Bhura & Anr. Versus JDA & Ors. DATE OF ORDER : 29/06/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sanjay Joshi for Mr. N.K. Joshi, for petitioner Mr. Samit Vishnoi for Mr. Bharat Vyas, for respondents *** Matter has come up on application U/Art.226 (3) of the Constitution of India for vacation of ex-parte stay order passed by this court dt.6th December, 2007. However, at the request of parties, it is finally decided at this stage. Instant petition has been filed by petitioner assailing order dt.13th September, 2007 [Ann.6] whereby learned Board of Revenue subject to limitation admitted the appeal preferred by respondent-JDA and passed ex-parte stay order which has caused prejudice to the petitioner. Basic objection raised by petitioner is that appeal preferred by JDA was with enormous delay of 4 years against judgment dt.27th May, 2003 filed somewhere in 2007. As such, the appeal was incompetent and without delay being condoned, the appeal was admitted and ex-parte stay order was CW 9735/07 [2] passed which has caused prejudice to him. Counsel for respondents, on the other hand, submits that right of the petitioner has been kept reserved and appeal has been admitted by the Board of Revenue under order impugned subject to limitation and opportunity is available with the petitioner to make his submission even with respect to application filed by respondent-JDA u/s.5 of the Limitation Act seeking permission for condonation of delay along with appeal preferred before the Board of Revenue. Since the matter is sub judice before Board of Revenue to be examined on merits, it will not be appropriate for this Court to make observation at this stage. However, it will be open for the petitioner to make submission even with respect to delay which has been caused by the respondent in filing of appeal on application filed U/s 5 of Limitation Act seeking permission for condonation of delay and which has been clarified by Board also while admitting appeal under order impugned. Since ex-parte stay order certainly caused prejudice to petitioner, this Court considers it appropriate that parties should maintain status CW 9735/07 [3] quo during pendency of appeal before Board of Revenue and petitioner will be free to make submissions before Board even on application filed by respondent-JDA seeking condonation of delay U/s 5 of the Limitation Act and after hearing parties it will be open for the Board to pass appropriate orders in accordance with law. With the above observations, writ petition stands disposed of. Copy of this order be sent to Board of Revenue for further necessary action. [AJAY RASTOGI], J. FRBOHRA9735CW07 29-6.doc