JUDGMENT : M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 6519/2005 by which the learned Single Judge has dismissed the said petition preferred by the appellant herein-original petitioner, the original petitioner has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent. 2. A preliminary objection is raised by Shri. Pahwa, learned Counsel appearing on behalf of the contesting respondents that earlier against the very judgment and order the appellant preferred Letters Patent Appeal No. 512/2015 which came to be withdrawn by the appellant without reserving any liberty to prefer the appeal afresh and therefore, in view of the decision of the Hon'ble Supreme Court in the case of Vinod Kapoor v. State of Goa reported in (2012) 12 SCC 378 , present Letters Patent Shall not be maintainable. 3. Shri. Champaneri, learned Counsel appearing on behalf of the appellant has stated that as such at the relevant time the appeal was not heard on merits and the appellant withdrew the same so as to enable the appellant to file the review application. He has submitted that thereafter review application has been dismissed against which the Letters Patent Appeal was preferred which also came to be withdrawn in view of the subsequent decision of the Hon'ble Supreme Court as against the order rejecting the review application, the appeal shall not be maintainable. It is submitted that therefore the appellant has now preferred the present Letters Patent Appeal challenging the original order passed by the learned Single Judge in Special Civil Application. He has candidly admitted that as such subsequently and having realized the difficulty which is now faced, the appellant has already submitted an appropriate application for recalling of the order passed in Letters Patent Appeal No. 512/2015 and/or to review/modify the order reserving the liberty to file the appeal afresh. 4. Having heard learned Counsel appearing on behalf of respective parties and considering the fact that earlier Letters Patent Appeal No. 512/2015 was preferred challenging the very judgment and order passed by the learned Single Judge impugned in the present appeal and the same came to be withdrawn without reserving any liberty to file a fresh, considering the decision of the Hon'ble Supreme Court in the case of Vinod Kapoor (Supra), the present appeal shall not be maintainable. However, as now the appellant has already submitted an appropriate application to review/recall/modify the order passed in Letters Patent Appeal No. 512/2015, it is observed that the same shall be decided and disposed of in accordance with law and on its own merits. 5. In view of the above and without prejudice to the rights and contentions of the respective parties in the review application, which is reported to be filed in Letters Patent Appeal No. 512/2015 and without expressing anything on merits in favour of either parties and considering the decision of the Hon'ble Supreme Court in the case of Vinod Kapoor (Supra), the present Letters Patent Appeal is not entertained. The review application filed in Letters Patent Appeal may be considered in accordance with law and on its own merits. Under the circumstances, present Letters Patent Appeal stands dismissed with above observations and liberty. So as to enable the appellant to obtain appropriate order in the review application for which a Special Bench is required to be constituted after obtaining the order from Hon'ble The Chief Justice, the parties are directed to maintain status quo upto 06.11.2017 CIVIL APPLICATION NO. 9104/2017 6. In view of dismissal of Letters Patent Appeal with above observations, Civil Application No. 9104/2017 also stands disposed.