I.A No. 10401/2013 for dismissal of the writ appeal as not maintainable.
This application is filed by the respondent No. 1 on the ground that the appellants have challenged the order dated 23.4.2012 in W.P No. 6296/2010 by which a writ petition preferred by the respondent No. 1 was allowed and the impugned order dated 30.4.2010 Annexure P/6 passed by the Board of Revenue, Gwalior was quashed and the orders passed by the Collector and the Additional Commissioner were restored.
It is submitted by Shri Pandey that the order dated 23.4.2012 was subject matter of SLP (Civil) No. 24739/2012 which was dismissed on 31.8.2012, so this writ appeal is not maintainable. Though Shri Agrawal, learned counsel appearing for appellants submits that in view of the order passed by the Apex Court dated 31.8.2012, this appeal can be entertained by this Court, but after going through the order of the Apex Court dated 31.8.2012, we are not inclined to entertain this appeal. The Apex Court by the aforesaid order had disposed of the appeal preferred by the appellants, Jasbeer Singh & others, against the respondents, which reads thus:-
“Although we are not inclined to interfere with the impugned order passed by the High Court, the dismissal of this special leave petition shall not bar any of the remedies that may be available to the petitioner in law and any future proceedings shall be decided on their own merits. With these observations, this special leave petition is dismissed.”
In view of aforesaid order by which the Apex Court had declined to interfere with the order passed by the writ Court, we 12.8.2013 also find that this appeal after dismissal of the aforesaid SLP is not maintainable. The appellants herein ought to have obtained a specific permission from the Apex Court for filing this writ appeal for challenging the order dated 23.4.2012 in W.P No. 6296/2010, which was subject matter of the SLP.
In view of aforesaid, this appeal is dismissed as not maintainable, with no order as to costs.