- (1.) THOUGH this appeal is reported to be time-barred by one day, however, it has been pointed out by the learned counsel that similar nature appeals have already been considered and permitted to be withdrawn with liberty to the appellant to make an application for review before the learned Single Judge because a concession was wrongly given; and a copy of the order dated 27.04.2012 as passed in SAW No. 272/2012 has placed before us for perusal, which reads as under:- "Counsel has submitted that wrong concession was granted while arguing the case. It could not have been granted in accordance with law. He has relied upon the order passed by the Division Bench of this Court at Jaipur Bench in D.B. Civil Writ Petition No.6307/2011 (Jago Janta Society Vs. State of Rajasthan and Ors.) which has not been brought to the notice of the Single Bench. In case, the wrong concession was granted, the proper remedy lies to approach the same Bench by way of filing the review application and not directly come in the special appeal. Thus, counsel has prayed for withdrawal of the special appeal with liberty to file review application and in case, necessity so arises, to file appeal against the order again. Liberty prayed for are granted. It would be open to the appellant to seek exclusion of time D.B. Civil Special Appeal (W) No. 378/2012. Municipal Board, Begun and Anr. Vs. Shiv Prakash [2] spent in pursuing the appeal while filing review before the Single Bench. Accordingly, the appeal as well as the stay petitions are dismissed as withdrawn."
(2.) THE same prayer has been made before us for withdrawal with liberty to file a review application. In view of the above, in our opinion, no useful purpose would be served in keeping this appeal pending for consideration of the question of delay of one day, particularly when similar nature appeals against the common order dated 13.01.2012 have already been considered and decided. In the circumstances of the case, it appears in the interest of justice and in the fitness of things that while ignoring the delay, this appeal be also disposed of in the same manner in which SAW No.272/2012 has been decided by the order dated 27.04.2012. Accordingly, the liberty as prayed for is granted in view of the aforesaid order dated 27.04.2012; and this appeal is dismissed as withdrawn in the same terms.;