[2025:RJ-JP:8875-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 139/2025 In S.B. Civil Writ Petition No.2412/2025 Badri Lal Nagar, President And Constituent And Kishanpura Lift Ex President, C/o Executive Engineer, Water Resources Division, Kota (Raj.). ----Appellant-Respondent Versus 1. Mukut Bihari Nagar Son Of Shri Pannalal, Aged 41 Years, Resident Of Rajpura Nagar, Patelon Ka Mohalla, Tehsil- Ladpura, District-Kota (Raj.). Respondent-Petitioner 2. State Of Rajasthan, Through Principal Secretary, Department Of Water Resources, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.). 3. Executive Engineer, Water Resources Division, Kota (Raj.). ----Non-Appellant-Respondents For Appellant(s) : Mr. Dinesh Yadav with Mr. Ankit Yadav For Respondent(s) : HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE MANEESH SHARMA Judgment / Order 28/02/2025 Learned counsel for the appellant wants to withdraw this special appeal. He, however, submits that since, the order impugned dated 14.02.2025 has been passed without extending him an opportunity to file reply, he may be extended a liberty to [2025:RJ-JP:8875-DB] (2 of 2) [SAW-139/2025] file an application under Article 226(3) of the Constitution of India after filing reply to the writ petition. Heard. Considered. A perusal of the order impugned dated 14.02.2025 reveals that although, learned counsel for the respondent No.3/caveator was heard; but, it was without affording him an opportunity to file reply. In view thereof, this Court deems it just and proper to dispose of this special appeal (writ) in following terms without issuing notice to the respondents:- 1. The appeal is dismissed as withdrawn. 2. The appellant, Shri Badri Lal Nagar, is at liberty to file an application under Article 226(3) of the Constitution of India after filing the reply, if so advised. Pending application(s), if any, also stands disposed of. (MANEESH SHARMA),J (MAHENDAR KUMAR GOYAL),J Manish/40