Sanjay Singh vs State And Ors
2022 Latest Caselaw 1629 Raj

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Civil Writ Petition No. 13821/2016

Sanjay Singh S/o Shri Vijendra Singh, R/o- Khudi Chhothi,
Tehsil- Laxmangarh, District- Sikar Raj. Through Its Power Of
Attorney Holder Shri Vikram Singh S/o Shri Sharwan Singh,
Aged 40 Years, R/o- Basant Vihar, Ward No. 36, District- Sikar
Raj.
                                                                      ----Petitioner
                                      Versus
1.       State    Of   Rajasthan        Through         Principal    Secretary   To
         Government, Mines Department, The Government Of
         Rajasthan, Secretariat, Jaipur
2.       The Director, Mines And Geology Department, Khanji
         Bhawan, Udaipur
3.       The Mining Engineer, Mines And Geology Department,
         Sojat City
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Abhishek Bohra (on VC)
For Respondent(s)           :     Mr. Digvijay Singh Jasol, Dy.GC (on
                                  VC)



       HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

02/02/2022

       In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, lawyers have been advised to

refrain from coming to the Courts.

       The matter comes up on an application (IA No.01/20) for

disposal of the case in light of the judgment passed by this

Hon'ble Court in D.B. Civil Writ Petition No.7646/2016.

       Learned Deputy Government Counsel appearing on behalf of

the respondents has shown judgment of this Court in M/s.



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                                                                            (2 of 2)                [CW-13821/2016]



                                   Gajanand Associates Vs. State of Rajasthan & Ors. (S.B. Civil Writ

                                   Petition No.8442/2016)        decided on 01.12.2021, which was, on

                                   the basis of M/s. Harsh Enterprises Vs. State & Ors. (S.B. Civil

                                   Writ Petition No.8956/2016), decided on 09.11.2021.

                                        This Court observes that the present controversy is settled in

                                   view of the aforesaid order, however, counsel for the petitioner

                                   submits that even if the Court is inclined to dispose of this petition

                                   in light of aforesaid judgment, then also his right may be

                                   protected in case of receiving instructions from his client to re-

                                   address the issue on merits, it shall be open for him to seek for

                                   revival of the matter.

                                        Looking to the peculiar circumstance of the case, the present

                                   petition is disposed of while keeping it open for counsel for the

                                   petitioner to re-agitate the issue on applicability of the judgment

                                   and on merits of case in case he receive such instructions, which

                                   he do not have today or if any cause of action still remains or

                                   arises.

                                        The stay petition as well as application (IA No.01/20) also

                                   stand disposed of accordingly.



                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

7-Zeeshan

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