1 2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. S.A.W. No. 125/2002 Gopal Lal Sharma Vs. The District & Sessions Judge & Ors. Date of order : 18.2.2010 HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.Rakesh Kalla, for the appellant. Mr.V..K.Mathur ) Mr.Jagdish Vyas ) for the respondent. <><><> BY THE COURT This is an intra-court appeal filed by the writ petitioner of 4497/2000 under Section 18 of the Rajasthan High Court Ordinance 1949, against the order dated 06.02.2002 passed in writ petition No.4497/2000. (2) By the impugned order, the learned Single Judge was pleased to dispose of the appeal by issuing following directions:- “Accordingly, the petition stands disposed of finally with a request to the learned District Judge, Jalore-respondent No.1 to reconsider the case of the petitioner qua respondent No.3 and if respondent No.3 is not equal in all respects to the petitioner, he cannot be entitled for preference under the Circular/ Government order. The appropriate order may be passed within a period of six weeks from the date of receipt of a certified copy of this order. It is clarified that the fact of expiry of select list will not come in the way of learned District Judge while passing the said order.” 2 (3) It is against these directions, the writ petitioner has felt aggrieved and filed this intra-court appeal. (4) We do not wish to burden our order by narrating the facts in detail. In our opinion it is really not necessary. Mere perusal of the impugned directions would go to show that the learned Single Judge has only directed the District Judge, Jalore to re-consider the case of the appellant qua the respondent No.3 and then pass appropriate orders. (5) In a case of this nature, when rights of the parties are not yet decided and issue is remitted for re-consideration to the authority, we do not wish to interfere in such writ at this stage and only direct the District Judge to decide the case of the parties in terms of the writ issued by the writ Court preferably within a period of three months from the date of receipt of this order, keeping in view the directions contained in the writ and law applicable thereto. Depending upon the order that may be passed by the District Judge, parties will be free to question its legality and propriety in accordance with law in appropriate proceedings. (6) In order to do complete justice between the parties and as rightly prayed by the learned counsel appearing for the parties, the District Judge, Jalore would afford an opportunity of personal hearing to parties concerned. An intimation be sent by the District Judge to parties to present their case before him. We only wish to add that the District Judge would pass a brief but reasoned order justifying his conclusions. (7) It is with these observations, this appeal stands disposed of. No costs. /s.soni./ (DINESH MAHESHWARI ),J. ( A.M.SAPRE ),J.