1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: J U D G M E N T :: S.B. CIVIL WRIT PETITION No.2197/2008 [DURJAN SINGH VS. STATE OF RAJ. & ORS.] Date of Judgment : 03.04.2008. HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr.P.S. Rathore for the petitioner. ***** This petition has been preferred mainly on the ground that although the petitioner has already preferred appeal before the Appellate Authority, however, due to non-availability of the authority concerned, the matter has not been heard. From the perusal of the record it does not reveal that petitioner made a request for transfer of the case if the appellate authority is not posted at Jaisalmer more so in similar case decided by this Court it was informed that on request of the appellants matters were transferred to another appellate authority . In view of the above, though the writ petition is dismissed being not maintainable due to existence of remedy of appeal and is otherwise even availed by the petitioner, however at the same time petitioner is given 2 liberty to make an application to the Competent Authority for transfer of the case to other Appellate Authority, if the appellate authority at Jaisalmer has not yet been posted. If necessary request for transfer of case is made by the petitioner then it is expected from the Competent Authority to take necessary actions immediately due to non-availability of the appellate authority petitioner may not face serious prejudice. Looking to the nature of the litigation, for a period of 15 days, respondents are directed to maintain status quo as it exists today. With the aforesaid observations, the petition stand disposed of. (MUNISHWAR NATH BHANDARI), J. mamta