Umrao Singh vs Sarvodaya Sadhna Sangh ...
2023 Latest Caselaw 2239 Raj

[2023/RJJD/006793]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 805/2022

Umrao Singh S/o Shri Prithvi Raj Ostwal, Aged About 70 Years, R/o Mangalwad, Dist. Chittorgarh. Presently Residing At Ostwal House, Opposite Shivar Garden, Meera Bhayandar Road, Meera Road (East), District Thane (Maharashtra).

----Appellant Versus

1. Sarvodaya Sadhna Sangh, Chanderiya A Registered Society Under The Societies Registration Act Through Its Secretary Navratan Mal Patwari S/o Shri Moti Moti Lal, R/o Chittorgarh, Tehsil And District Chittorgarh And Bhanwar Lal Shishodia S/o Late Shri Govind Singh Shishodia, Managing Trustee Authorized Under The Constitution, R/o Station Road, Chittorgarh (Raj.).

2. Board Of Revenue, For Rajasthan, At Ajmer.

3. The Sub Divisional Officer Cum Assistant Collector, Chittorgarh Now At Gangrar.

4. Rampal Puri S/o Late Kesar Puri Goswami, R/o Chanderiya, District Chittorgarh.

                                                                   ----Respondents


For Appellant(s)             :    None present.
For Respondent(s)            :    None present.

HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

16/03/2023

The counsel for the appellant is not appearing as apparently

he is abstaining from work pursuant to the call given by the office

bearers of the Bar Association. Such non-appearance is clearly

illegal and in breach of the order passed by the Hon'ble Supreme

[2023/RJJD/006793] (2 of 2) [SAW-805/2022]

Court in the case of Ex. Capt. Harish Uppal Vs. Union of India

& Anr. [2003 (2) SCC 45].

Heard.

This appeal arises out of order dated 26.05.2022 passed by

the learned Single Judge in S.B. Civil Writ Petition No.3513/2004

(Sarvodaya Sadhna Sangh, Chanderiya Vs. Board of Revenue &

Ors), whereby the learned Single Judge permitted the respondent-

writ petitioner to withdraw the writ petition with liberty to take

other remedies under the law.

The ground taken in the appeal is that the learned Single

Judge ought not to have granted the liberty to take / pursue

remedy which was barred by limitation.

We find that the appellant herein has not raised any such

submission before the learned Single Judge. The order does not

show that the prayer for withdrawal was in any manner opposed

by the respondents herein.

Therefore, we are not inclined to interfere with the order.

However, we give liberty to the appellant to seek review / recall /

modification of the order passed by the learned Single Judge.

Accordingly, the present Special Appeal (Writ) is dismissed

with the aforesaid liberty.

(KULDEEP MATHUR),J (MANINDRA MOHAN SHRIVASTAVA),ACJ

61-KshamaD/-

Powered by TCPDF (www.tcpdf.org)