Purushottam Son Of Hateela vs Tehsildar
2022 Latest Caselaw 5411 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 10091/2022

1.     Purushottam Son Of Hateela, Aged About 68 Years,
2.     Vishnu Son Of Hateela,
3.     Ashabai D/o Hateela,
       All R/o Bawli, Tehsil-Karauli, District Karauli Rajasthan.
                                                                  ----Petitioners
                                   Versus
1.     Tehsildar, Tehsil Karauli District Karauli.
2.     Ramsahay Son Of Bhikhari, R/o Bawali, Tehsil And District
       Karauli.
3.     The District Collector, District Karauli, Rajasthan.
4.     The Sub Division Officer, Karauli District Karauli.
                                                                ----Respondents

For Petitioner(s) : Mr. Guru Charan Singh Gill with Mr. Rajkamal Lotia and Ms. Soni Bajaj For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

02/08/2022 Learned counsel for the petitioners wants to withdraw this

writ petition in order to avail the statutory remedy of appeal

against the judgment dated 01.07.2022 passed by the Court of

Tehsildar, Karauli, District Karauli in case no.2/22. However,

learned counsel for the petitioners submits that the appellants

have, as a matter of fact, filed an appeal no.29/22 in the Court of

District Collector, Karauli against the judgment dated 01.07.2022;

but, under an ill-advise, the same was withdrawn inasmuch as

they have preferred this writ petition post filing of the appeal. He

(2 of 2) [CW-10091/2022]

submits that they may be permitted either to move an application

for recalling the order dated 01.07.2022 or for filing a fresh appeal

against the judgment dated 01.07.2022.

The writ petition is dismissed accordingly. However, taking

into consideration the contentions advanced by the learned

counsel for the petitioners and the peculiar facts and

circumstances of the case, wherein the appeal preferred by the

petitioners against the judgment dated 01.07.2022 was withdrawn

post filing of this writ petition, this Court grants a liberty to the

petitioners either to move an application for recalling the order

dated 01.07.2022 or for filing a fresh appeal against the judgment

dated 01.07.2022 passed by the Court of Tehsildar Karauli, District

Karauli.

(MAHENDAR KUMAR GOYAL),J

MADAN/33

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