SBCWP No.10798/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.10798/2010. Dharmandra Yogi Vs. District Collector, Jaipur & Ors. Date of Order:- December 13, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Mohanlal Goyal for the petitioner. Shri D.K. Bhardwaj for the respondents. ******* BY THE COURT:- An application has been filed by applicant-Ram Pal, who was defendant in the revenue suit for impleading himself and other applicants namely; Sardara, Kallu Ram, Ramavtar, Lal Chand, Smt.Phooli Devi, Ram Lakhan and Birbal for their impleadment as respondents No.4 to 11. According to him, the land in dispute was given in the custody of the Receiver, who had auctioned it in auction proceedings, in which petitioner was one of the highest bidder, for cultivation purposes for one year. Auction however was cancelled vide order dated 16/6/2010 and re-auction was ordered. It is against that order, petitioner has approached this Court. Learned counsel for the applicant-defendant submits that order of appointing Receiver has been set- aside by the Board of Revenue itself in the revision SBCWP No.10798/10. 2 petition filed by applicant-Smt.Arjni Devi on 25/5/2010 and the Board of Revenue has specifically directed that no further auction be taken place and with direction, remanded the matter back to the Assistant Collector, Kotputali with a direction to pass a fresh order after hearing both the parties. In the light of the statement made by the learned counsel for the applicants and judgment of the Board of Revenue dated 25/5/2010, petitioner can have no legitimate right to insist on continuation of auction, which since itself has been set-aside by the Board of Revenue by the order aforesaid and therefore order of appointing Receiver has ceased to exist. Now, the controversy will depend on the fresh order that may be passed by the Assistant Collector, Kotputali. In view of above, the writ petition has become infructuous and the same is accordingly dismissed as having become infructuous. (MOHAMMAD RAFIQ) J. anil