// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5519/2005 Pratima Trilokeshwar Mahadev Shaswat Versus Additional District Judge, Jhalawar and Others Date of Order ::: 30.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Ms. Gayatri Rathore, Counsel for petitioner Shri Subhash Jain and Shri Brijesh Yadav for Shri Anil Mehta, Counsel for respondents #### By the Court:- Admit. Heard learned counsel for the parties. The learned counsel for the petitioner submits that petitioner's application for temporary injunction has been rejected by both the courts below on the ground that the respondents are raising construction in pursuance of the permission dated 18th February, 2002 granted by the Municipality, Jhalawar, therefore, unless the permission order itself is challenged by way of an appeal before the competent authority, the petitioner will have no case in respect of injunction, therefore, the petitioner may be permitted to withdraw this writ petition with liberty to file an // 2 // appeal against the permission order dated 18th February, 2002. It is further contended that for a period of four weeks an interim order of status-quo, which is going on in this matter since 17th August, 2005, may also be granted. The learned counsel for the respondents have no objection so far as prayer of the petitioner regarding withdrawal of the writ petition is concerned, but they have objection in respect of grant of any interim stay order in the matter. After considering the submissions of learned counsel for both the parties, I allow the prayer of the learned counsel for the petitioner. The writ petition is accordingly dismissed as withdrawn. The petitioner will be at liberty to file an appeal against the permission order dated 18th February, 2002, if the law so permits and in accordance with the law. The interim stay order dated 17th August, 2005 passed by this Court, directing both the parties to maintain the status-quo, shall remain in force only for a period of four weeks from today. In view of the above, there is no need to pass any order on the application under Article 226 (3) of the Constitution filed by // 3 // the respondents and the same also stands disposed of. (Narendra Kumar Jain) J. //Jaiman//