Dinesh Kharadi vs The State Of Rajasthan
2022 Latest Caselaw 12021 Raj

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said appeal was withdrawn by the petitioner by filing an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Court was not stated and it was withdrawn only on the ground of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

(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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