ORDER 1. Heard on the question of admission. 2. On behalf of the petitioner, this petition is preferred under Article 226 of the Constitution of India for issuing the appropriate writ against the authorities of the respondents for the following reliefs : “(i) That, the order dated 18.11.15 (Annexure P-1) be set aside. (ii) That, it may be held that petitioner is entitled to continue the mine on survey No.4 min measure 4 hac of village Keeratpura, Gohad Chauraha, District Bhind till 28.4.2016. (iii) That, the other relief doing justice including cost be awarded.” 3. In the course of argument of petitioner's counsel on admission, the State counsel by referring the rule 57 of the M.P. Minor Minerals Rules,1996, said that impugned order, Annexure P-1, is made appealable under such rule and in view of the decision of the apex Court in the matter of State of Goa and others v. M/s A.H. Jaffar and Sons [ AIR 1995 SC 333 ], of appeal, this petition filed under Article 226 of the Constitution of India could not be entertained by this Court to interfere in the impugned order at this stage. On such objection, in response of some query of the Court in the light of the principle laid down by the apex Court in the afore-cited case regarding entertainability of this Court, on which petitioner's counsel seeks permission to withdraw this petition as not pressed with liberty to file appropriate appeal under the aforesaid Rules of 1996 for redressal of his dispute against the impugned order with a further prayer for appropriate direction that on filing such an appeal before the appropriate forum, the same be considered and decided by such authority on some early date within some time bound schedule. 4. Deputy Advocate General did not have any objection in dismissing this petition as withdrawn on the aforesaid technical ground of entertainability by extending the liberty and direction as prayed by the petitioner's counsel. 5. On consideration by allowing the aforesaid limited prayer of petitioner's counsel on the aforesaid technical ground of entertainability of this Court discussed above, this petition is hereby dismissed as withdrawn as well as not pressed by extending a liberty to the petitioner to challenge the impugned order Annexure P-1 by way of appeal under rule 57 of the aforesaid Rules of 1996 before the appellate forum. Pursuant to it, such appellate forum is directed that on filing the aforesaid appeal within fifteen days from today, the same be not dismissed on the question of limitation but same be considered and decided on merits within the statutory period prescribed under the law, otherwise within 45 days from the date of filing such appeal after extending opportunity of hearing to all the parties concerned. It is also observed that if any interlocutory application for grant of interim relief is filed before the appellate forum, then the appellate forum shall consider the same in accordance with the procedure prescribed under the law. 6. There shall be no order as to costs.