CW 6592/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6592/07 Vinod Kumar Agrawal Versus The J.D.A. Appellate Tribunal & Ors. DATE OF ORDER : 13/07/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Prahlad Sharma, for petitioner Mr. Rajnish Gupta for Mr. A.K. Gupta, for respondents *** Instant petition has been filed by petitioner assailing order dt.4th May, 2007 whereby Tribunal kept the proceedings in abeyance on the premise that CWP-2483/06 filed by JDA is pending consideration before this Court. It appears from the record that the order was passed by Tribunal dt.10th June, 2003 in Reference Petition No.20/01 [Vinod Kumar Agarwal Vs. JDA] which has been assailed by JDA in CWP-2483/06. While issuing show cause notice on 10th April, 2006, it was further directed to maintain status quo and immediately, thereafter, application was filed by writ petitioner, Vinod Kumar Agarwal U/Art.226(3) for vacation. After hearing counsel for present writ petitioner, application filed U/Art.226(3) was allowed and interim order dt.10th April, 2006 was vacated on 16th November, 2006. Thereafter, further application was filed by the CW 6592/07 [2] JDA for recalling of said order that too was rejected on 22nd March, 2007. However, writ petition was later on admitted on 10th May, 2007 and posted for final hearing along with some other connected matters i.e. CWP-4161/07. CWP- 2483/06 preferred by JDA is pending in due course. Counsel for petitioner submits that since stay application has already been rejected by this Court and mere pendency of writ petition could not be considered to be a ground for keeping the proceedings in abeyance till decision of the writ petition. Counsel for respondents, on the other hand, submits that since issue is pending adjudication it will not be otherwise appropriate for the Tribunal to proceed in the matter pending writ petition preferred by JDA. Suffice it to say that writ petition preferred by JDA i.e. CWP-2483/06 has been admitted and pending in due course but stay application has been rejected and mere pendency could not be considered to be a basis to keep the proceedings in abeyance. CW 6592/07 [3] Consequently, order dt.4th May, 2007 is hereby quashed and set aside. JDA may proceed with the matter in accordance with law. However, respondents will be at liberty to raise objections available under law. With the above observations, writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA6592CW07 13-7.doc