Om Chaudhary vs State Of Raj Thr Dist Collector And ...
2022 Latest Caselaw 4381 Raj/2

        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

(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withdrawn with the liberty to the appellant to pursue the Writ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.

(SUDESH BANSAL),J

SACHIN /7

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