!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.715/2009 (Balbir Singh Vs. State of Rajasthan & Ors.) Date of order :: 29.01.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.R.S. Choudhary, for the petitioner. Heard learned counsel for the petitioner. This writ petition has been filed by the petitioner for seeking relief against the impugned notice dated 19th December, 2008 (Annexure-4) issued by the Tehsildar (Revenue), Rawatsar in pursuance of the award passed against the petitioner by the Motor Accident Claims Tribunal, Hanumangarh. The contention of learned counsel for the petitioner is that the said award was passed ex- parte and for setting aside the award dated 20th April, 2007 he has filed an application under Order 9 Rule 13 CPC before the Tribunal alongwith an application for stay. Notices have been issued !! 2 !! by the concerned court for service upon the application filed by the petitioner. But due to non-availability of Presiding Officer, the court is not deciding the stay application of the petitioner. I have perused Annexure-7 the order- sheets of the Tribunal. In my opinion, it is obvious from the order-sheets that no prayer was made by the petitioner for granting stay. The notices have been issued by the Presiding Officer who was holding the charge on the date of entertaining the application filed under Order 9 Rule 13 CPC. In this view of the matter, the petitioner is required to press his application or is required to make prayer to the concerned Court for deciding his application for stay. No ground for interference under Article 226 and 227 of the Constitution of India is made out. Hence, the writ petition is dismissed. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-