HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal (Writ) No. 551/2022
In
S.B. Civil Misc. Application No.139/2019
In
S.B. Civil Writ Petition No.8106/2009
Narendra Singh Khichi Son Of Late Shri Ram Singh Khichi, Aged
About 84 Years, Resident Of Plot No. 14, Ganesh Colony, Near
Imliwala Phatak, Jaipur (Raj.)
----Appellant
Versus
1. State Of Rajasthan, Through Secretary, Urban
Department, Secretariat, Jaipur.
2. The Chief Executive Officer, Nagar Nigam Tonk Road,
Jaipur.
3. The Commissioner, Jaipur Nagar Nigam Tonk Road, Jaipur.
4. The Commissioner, Jaipur Development Authority, Jaipur.
5. Shri Vijay Kumar Sharma @ Mamaji Builder, R/o 129-130,
Janakpuri, Near Imliwala Phatak, Jaipur.
6. Senior Divisional Engineer, H.q., North Western Railway,
Zone Jaipur.
7. Smt. Deepa Vijay Wife Of Ashok Vijay, Resident Of Plot
No. 9, Ganesh Colony, Near Imliwala Phatak, Jaipur.
8. Shri Ashok Vijay Son Of Shri Prayagraj Vijay, Resident Of
Plot No. 9, Ganesh Colony, Near Imliwala Phatak, Jaipur.
9. Chandra Mohan Bhati Son Of Shri Gendi Lal Bhati, R/o
Plot No. M-1-A, Bhati Bhawan Mahesh Colony, Tonk
Phatak, Jaipur
10. Anandi Devi Wife Of Ganpat Lal, R/o Plot No. B-44, Natraj
Nagar, Tonk Road, Jaipur (Raj.)
11. Smt. Sayar Devi Wife Of Ram Chandra Gurjar, Resident Of
Telipada, Bapu Bazar, Jaipur, Presently Resident Of Plot
No.1, Ganesh Colony, Near Natraj Nagar, Rampura Roopa,
Jaipur (Raj.)
12. Smt. Prem Devi Wife Of Kailash Chand Gurjar, Resident Of
Telipada, Bapu Bazar, Jaipur, Presently Resident Of Plot
No.2, (Present Plot No.11), Ganesh Colony, Near Natraj
Nagar, Rampura Roopa, Jaipur (Raj.)
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(2 of 3) [SAW-551/2022]
13. Ramdas Agarwal, Resident Of Plot No. 62 Natraj Nagar,
Imliwala Phatak Road, Jaipur, Present R/o Plot No. 12
(Old-1), Ganesh Colony, Imliwala Phatak, Jaipur (Raj.)
----Respondents
For Appellant(s) : Mr. Devendra Raghav Advocate with Mr. Adhiraj Singh Rajawat Advocate.
For Respondent No.8 : Mr. M.L. Sharma Advocate HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA Judgment / Order 04/07/2022 Heard.
This appeal arises out of an order dated 23.03.2022 passed by the learned Single Judge, whereby its earlier order which was passed on 19.05.2017 in S.B. Civil Writ Petition No.8106/2009 along with S.B. Civil Writ Petition No.14948/2009 has been recalled and those writ petitions have been revived and restored to their original numbers for hearing.
Learned counsel for the appellant would argue that the order in original was passed on 19.05.2017 in two writ petitions and the parties in those cases were heard. Any grievance later on ventilated before the Court by filing a separate application by some persons that they were not heard as they were not even parties before the Court, but the order adversely affect their rights and interests, could not have been made a basis to recall the entire order, which was passed earlier on the basis of consent of the parties, but at the most the order could be modified.
We find that two Writ Petitions No. 8106/2009 & 14948/2009 were listed before the Court for hearing on 19.05.2017. The order does not refer to any of the respondents of S.B. Civil Writ Petition No.14948/2009.
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(3 of 3) [SAW-551/2022] The order appears to have been recalled by learned Single Judge exercising discretion, taking into consideration that the order had a very wide ranging effect so much so that it would be effecting the rights of many other persons including those who had moved application for recall on which basis the impugned order has been passed.
The reason which has been assigned by the learned Single Judge, in our opinion, is sound and does not warrant any interference because number of parties were not heard and the order had a very wide and far reaching effect on interest of many persons including those who moved an application for recall of the order.
The appeal has no merit and is, therefore, dismissed. (SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),J Sanjay Kumawat-7 (Downloaded on 06/07/2022 at 09:38:12 PM) Powered by TCPDF (www.tcpdf.org)