SINGH, J. - (1.) D.B. Civil Special Appeal (Writ) No. 670/2004 has been preferred against the order passed by the learned Single Judge in S.B. Civil Writ Petition No. 7013/2004 dated 8.10.2004 by which the writ petition filed by the appellant challenging the impugned order dated 16.9.2004 and the notice dated 16.9.2004 filed as Annexure-12 and 13 to the writ petition was dismissed.
(2.) THE learned Single Judge was of the opinion that since the writ petition has been filed by the petitioner against the order passed by the Additional Collector (Stamps) and the petitioner has an alternative remedy under the Rajasthan Stamp Act of filing a revision petition and that being a statutory alternative remedy available to the petitioner, the petition was dismissed as not maintainable. Being aggrieved by the aforesaid order dated 8.10.2004, the aforesaid appeal has been preferred. Since the question involved in all the matters is identical, as was submitted by learned Senior counsel for the appellant - Life Insurance Corporation of India, similar matters which were pending before the Principal Seat at Jodhpur before the Single Bench were also on the request of the learned counsel for the parties were ordered to be heard along with this appeal by the Hon'ble Chief Justice vide order dated 23.3.2006 and those matters are also being heard along with the aforesaid appeal, as requested by learned counsel for the parties. After the appeal was preferred before the Division Bench, the Division Bench of this Court vide its order dated 11.12.2004 taking note of the submissions made on the question involved was of the opinion that in such like matters arising between the State Government and the State/Central Government run undertakings should first be referred to a High Power Committee and only if either of the parties is dissatisfied with the outcome of the findings of High Power Committee in this regard should the matter be taken up by the Court. In terms of the order dated 11.12.2004 the appeal was disposed of with the stipulation that "Either of the party to the litigation is free to apply for revival of the appeal in case of its non-satisfaction with the decision of the Committee on the representation of the appellant Corporation, by filing a simple note." After the decision was taken on the representation filed by the appellant by High Power Committee, it appears that the appeal Was restored to is original number as per the order of the Court dated 1.12.2005 passed in D.B. Civil Misc. Restoration Application No. 204/2005, as per the note available on the file dated 6.12.2005.
(3.) AFTER the restoration of the appeal, the order for consolidation of other similar matters to be heard along with this appeal came to be passed on 23.3.2006, as has been referred to above. These cases were listed before the Court on several occasions and on 30.4.2009 as none appeared for the appellant, the appeal came to be dismissed for non-prosecution. On a restoration application having been filed, the appeal and the connected matters also came to be restored. It came to be restored vide order dated 3.11.2010 in the present appeal No. 670/2004. It is in this backdrop that the appeals have been listed today before the Court for final adjudication. ;