HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil Writ Petition No. 11570/2022 Dinesh Kharadi
----Petitioner Versus The State Of Rajasthan
----Respondent For Petitioner(s) : Mr. Ravi Bhansali, Sr. Advocate with Ms. Shweta Bora and Mr. Shubham Modi For Respondent(s) : Dr. Sachin Acharya, Sr. Advocate with Mr. Pramendra Bohra Mr. Aidan Choudhary and Ms. Vrinda Samdani for Ms. Vandana Bhansali, AGC HON'BLE MS. JUSTICE REKHA BORANA Order 29/09/2022 A preliminary objection has been raised on behalf of respondents in the present matter that the petitioner had already approached the Tribunal vide an appeal filed on 05.08.2022. The said appeal was withdrawn by the petitioner by filing an application on 10.08.2022. The present writ petition has been filed on 06.08.2022 and the fact of an appeal already having been filed before the Tribunal was concealed by the petitioner in the writ petition.
Learned counsel for the State as well as private respondent submitted that even while withdrawing the appeal before the Tribunal, the fact of a writ petition having been filed before this Court was not stated and it was withdrawn only on the ground of the family circumstances of the petitioner. The said application (Downloaded on 29/09/2022 at 09:31:46 PM) (2 of 2) [CW-11570/2022] preferred before the Tribunal was signed not only by counsel for the petitioner but also by the petitioner himself. Therefore, it has been prayed on behalf of the respondents that the present writ petition be dismissed on the ground of concealment of the said facts only.
In support of his submissions, learned counsel for the respondents relied upon the following judgments:
1. Prestige Lights Ltd. Vs. State Bank of India ; (2007) 8 SCC 449, decided on 20.08.2007.
2. Green Belt Society Vs. State of Rajasthan & Ors.; D.B. Civil Writ Petition No.620/2017, decided on 14.02.2017.
3. Mohd. Sajid Khan Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.11612/2022, decided on 26.08.2022.
Learned counsel for the petitioner at this juncture prayed for time to complete his instructions.
Time prayed for is granted.
List the matter on 12.10.2022.
(REKHA BORANA),J 11-AbhishekS/-
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