S.B. CIVIL MISC. APPLICATION NO.30/2008 IN S.B. CIVIL WRIT PETITION NO.7104/2007 (M/s Marwar Minerals Vs. State & Ors.) Date of order :: 17.3.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. R.L. Jangid, for the petitioners. By way of filing present misc. application, learned counsel for the petitioner has sought rectification in the order dated 27.2.2008. In the application, it is stated that a bunch of six identical writ petitions was decided by this Hon'ble Court vide order dated 27.2.2008. However, the order which was passed in SB Civil Writ Petition No.7254/2007 was different as the said writ petition was dismissed as pre-mature with the liberty to petitioner to file fresh writ petition. It is submitted by learned counsel for the petitioner that inadvertently, the order which was passed in SB Civil Writ Petition No.7254/2007 was drawn in SB Civil Writ Petition No.7104/2007 and vice versa. Therefore, he prays for necessary corrections. Accordingly, the application is allowed. The order dated 27.2.2008 passed in this writ petition is recalled and it is directed that in place of the said order, the following order may be read in SB Civil Writ Petition No.7104/2007 : “Heard learned counsel for the parties. Mr. N.M. Lodha, learned Addl. Advocate General has filed an application as well as additional affidavit and in view of para No.2 of the aforesaid application, it is obvious that before taking any action against the petitioner, the Committee was to conduct enquiry but that has not been done and in such circumstance an order has been passed not to take any action in the matter till the report of the Committee is received and final decision is taken. Therefore, it is prayed by learned Addl. Advocate General that in view of above fact, this writ petition may be disposed of finally. At this juncture, learned counsel for the petitioner submits that though this writ petition has become infructuous but in future, if any adverse order is passed by the respondents, then, the petitioner may be granted liberty to file fresh writ petition, if any fresh cause of action arises. Upon these facts and circumstances of the case when the respondents themselves have withdrawn the order and stated before this Court that they will not take any action in the matter till the report of the Committee is received and final decision is taken, this writ petition has become infructuous. Accordingly, the same is disposed of as having become infructuous with the liberty to the petitioner to file fresh writ petition as and when fresh cause of action arises. The petitioner will be further at liberty to raise all the grounds which have been taken in the present writ petition.” (GOPAL KRISHAN VYAS), J. arun