HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 153/2017
Om Chaudhary S/o Shambhu Ram Jat, Baldevpura, Bundi
----Appellant
Versus
1. State Of Rajasthan Through District Collector, Bundi
2. District Collector P.d.r., Bundi
3. State Of Rajasthan Through Executive Engineer,
Irrigation, Bundi
4. Chief Engineer Irrigation, Sichai Bhawan, Jaipur
5. Sub Divisional Officer, Bundi, Raj.
----Respondents
For Appellant(s) : Mr. Amit Gupta
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
01/07/2022
1. The present second appeal arises against the judgment and decree dated 30.11.2016 passed in Civil First Appeal No.45/2011 by the Court of District Judge, Bundi affirming the judgment and decree dated 21.09.2011 passed in Civil Suit No.31/2007 by the Court of Civil Judge, Junior Division, Bundi whereby and whereunder appellant-plaintiff's suit for declaration and injunction has been dismissed.
2. In the present civil suit, appellant-plaintiff assailed the recovery notice dated 19.09.2005, issued under the Rajasthan Public Demands Recovery Act, 1952. Counsel for appellant submits that appellant has assailed the notice dated 19.09.2005 by way of filing a Writ Petition No.9861/2010, wherein after (Downloaded on 08/07/2022 at 09:22:26 PM) (2 of 2) [CSA-153/2017] depositing some amount, the stay is operating against the recovery.
3. On instructions of appellant, counsel submits that appellant wants to pursue the writ petition on merits and seeks permission to withdraw this second appeal with the liberty aforesaid.
4. In view of above, this second appeal is dismissed as withdrawn with the liberty to the appellant to pursue the Writ Petition No.9861/2010 on merits.
5. Record of both courts below be sent back.
6. There is no order as to cost.
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