// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3569/2004 Ashok Kumar Kumawat S/o late Shri Sua Lal Kumawat Versus State of Rajasthan and Others Date of Order ::: 28.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Rajdeepak Rastogi, Counsel for petitioner Shri A.K. Bhandari, Sr. Advocate, with Shri Kinshuk Jain, Counsel for respondent No.4 Shri Sandeep Pathak, Advocate, for Shri Bharat Vyas, AAG, for the respondents State #### By the Court:- Learned counsel for the respondents have raised an objection that an order passed under Section 90-B of the Rajasthan Land Revenue Act is under challenge in this writ petition, which is appealable one before the Divisional Commissioner, therefore, the writ petition is liable to be dismissed on the ground of availability of alternative remedy to the petitioner. The learned counsel for the petitioner contended that the writ petition is pending before this Court since 2004, still he is ready to prefer an appeal before the appellate authority but his rights may be protected and an observation may be made about condonation of delay in filing the appeal and further the interim stay order passed by this Court, which is going on for the last more than four years, may be ordered to be continued for a period of 15 days so he may file the appeal before the appellate // 2 // authority. He further submits that he may be allowed to withdraw the present writ petition with the aforesaid liberty and observation. After considering the submissions of learned counsel for both the parties, the writ petition is dismissed as withdrawn with liberty to the petitioner to file an appeal before the appellate authority in accordance with the law along-with an application under Section 5 of the Limitation Act. It is observed that the time spent in prosecuting this writ petition will be sympathetically considered for its exclusion while condoning the delay by the appellate authority under Section 5 of the Limitation Act. The interim stay order passed by this Court on 2nd June, 2004 will remain in force up-to 13th May, 2008. Costs is made easy. (Narendra Kumar Jain) J. //Jaiman// IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR // 3 // ORDER IN S.B. Civil Misc. Stay Application No.3061/2004 In S.B. Civil Writ Petition No.3569/2004 Ashok Kumar Kumawat S/o late Shri Sua Lal Kumawat Versus State of Rajasthan and Others Date of Order ::: 28.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Rajdeepak Rastogi, Counsel for petitioner Shri A.K. Bhandari, Sr. Advocate, with Shri Kinshuk Jain, Counsel for respondent No.4 Shri Sandeep Pathak, Advocate, for Shri Bharat Vyas, AAG, for the respondents State #### By the Court:- Consequent upon dismissal of the writ petition itself, the stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//