ORDER : 1. Instant appeal is directed against order of the Ld. Single Judge impugned dt.3-5-2017. 2. However, office has pointed out delay in filing present appeal in support thereof separate application has been filed seeking condonation of delay u/S.5 of Limitation Act. 3. After taking note of the submissions made, we find that the delay has been satisfactorily explained & deserves to be condoned. 4. Accordingly, the application seeking condonation of delay u/S.5 of Limitation Act stands allowed and the delay is condoned. 5. It has been pointed out to this Court that the Ld. Single Judge has not examined the issue on merits & disposed of the writ petition placing reliance on the judgment of a Coordinate Single Bench of this Court in the case of Surendra Kumar Gurjar & Ors. Vs. State of Raj. & Ors., S.B. Civil Writ Petition No.4582/2017 decided on 3-4-2017. 6. It is informed to this Court that the order passed by the Ld. Single Judge in the case of Surendra Kumar Gurjar (supra) came to be challenged at the instance of the State of Rajasthan in D.B. Special Appeal Writ No.1017/2017 and after the matter being heard the Division Bench of this Court vide its order dt.6-12-2017 while setting aside order of the Ld. Single Judge remitted the matter back to be revisited by the Ld. Single Judge and observed in para-6 as under :- “6. Disposing of the appeal we set aside the impugned order dated 03.04.2017 and restored Civil Writ Petition No.4582/2017 before the learned Single Judge. Appellants shall file a reply within six weeks. The writ petition would be listed before the learned Single Judge after six weeks.” 7. In the light of the order passed by the Division Bench of this Court in SAW-1017/2017 decided on 6-12-2017 order of the Ld. Single Judge impugned dt.3-5-2017 may not be sustainable. 8. Accordingly, the appeal stands allowed & order of the Ld. Single Judge impugned dt.3-5-2017 is hereby quashed & set aside and the writ petition is restored and would be listed before the ld. Single and the appellants are at liberty to file their reply to the present writ petition no.10277/2016, which may be tagged along with S.B. Civil Writ Petition No.4582/2017.