Rajasthan State Industrial ... vs M/S Girish Service Station
2022 Latest Caselaw 8390 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 93/2022

Rajasthan State Industrial Development And Investment Corporation Ltd, (Riico), Through Its Regional Manager, Churu (Raj.)

----Appellant Versus

1. M/s Girish Service Station, Churu Through Proprietor Shri Mahesh Kumar S/o Shri Ramji Lal, R/o Churu (Raj.)

2. Satyendra S/o Kushal Singh, R/o Near Water-Works Tank, Churu (Raj.)

----Respondents

For Appellant(s) : Mr. Surendra Thanvi For Respondent(s) :

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

28/06/2022

Heard learned counsel for the appellant and perused the

material available on record.

In the present appeal, following substantial questions of law

are involved for consideration of this Court:-

"1. Whether the findings recorded by the learned lower Appellate Court are vitiated by error of law in the light of the fact that the same is passed while ignoring the admitted fact that defendant No.1 has not filed any independent suit or counter claim?

2. Whether the learned lower Appellate Court crept into an error of law while questioning the action of the RIICO, in absence of challenge of cancellation of allotment order as well as subsequent allotment made by RIICO?

3. Whether the learned lower Appellate Court has committed serious errror of law while seizing the power of the RIICO to exercise the RIICO Land Disposal Rules, 1979?"

(2 of 2) [CSA-93/2022]

Admit. Issue notice. Issue notice of stay application also,

returnable within four weeks.

Meanwhile and till next date, effect and operation of the

judgment and decree dated 05.10.2021 passed by Additional

District Judge, Churu in Appeal Decree No.15/2014 shall remain

stayed.

(RAMESHWAR VYAS),J 23-Taruna/Samvedana

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