Faiz Mohammed v. Bulaki Khan & Ors.

This is an intra court appeal filed by petitioner of Writ Petition No. 5422/2005 under Section 18 of the Rajasthan High Court's Ordinance read with Rule 134 of the Rajasthan High Court Rules against an order dt. 15.02.2007 passed by the learned Single Judge in aforementioned writ petition.

(2) Admittedly, the impugned order dt. 15.02.2007 is an order passed in a pending writ petition whereby the application for vacating interim stay was rejected.

(3) In our view, in such circumstances the proper remedy for the appellant would be to approach the learned Single Judge in a pending writ petition and file appropriate application either for seeking modification of the impugned order or for its setting aside as the case may be and depending upon the facts alleged in their application, the appropriate order can always be passed. Needless to observe, if any such application is made by the petitioner the same shall be decided in accordance with law by the writ court.

(4) It is with these observations and liberty we do not wish to interfere with the impugned order at this stage and dismiss the appeal in limine.

(5) We request the learned Single Judge to expedite the hearing of the writ petition on merits.