Vishal Kumar vs State And Anr. (2025:Rj-Jd:44091)
2025 Latest Caselaw 14023 Raj

Rajasthan High Court - Jodhpur

Vishal Kumar vs State And Anr. (2025:Rj-Jd:44091) on 8 October, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:44091]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil First Appeal No. 67/2010

Vishal Kumar
                                                                      ----Appellant
                                        Versus
State And Anr.
                                                                    ----Respondent


For Appellant(s)             :     Dr. Sachin Acharya, Sr. Adv.
                                   Mr. Jitendra Mohan Choudhary
                                   Mr. Sarthak Asopa
For Respondent(s)            :     --



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

08/10/2025

Learned counsel for the appellant submitted that the present

regular first appeal has been preferred by the appellant against

the judgment and decree dated 19.02.2010 passed by the learned

Additional District Judge (Fast Track), Chittorgarh in Civil Original

Suit No.64/2006 whereby the suit for declaration, permanent and

mandatory injunction filed by the appellant - plaintiff was

rejected.

Learned counsel for the appellant submitted that during

pendency of the present first appeal, the Regional Transport

Officer, Chittorgarh vide letter dated 07.05.2010 informed the

District Collector, Chittorgarh that the disputed land situated in

Khasra No.15 Meen ad measuring 0.75 hectares allotted to the

Transport Department for construction of Driving Track is not

technically suitable for the track and, therefore, the Transport

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[2025:RJ-JD:44091] (2 of 2) [CFA-67/2010]

Department could not construct the Driving Track over the

aforesaid land.

Learned counsel submitted that after receiving letter dated

07.05.2010 from the office of Regional Transport Officer,

Chittorgarh, the District Collector, Chittorgarh vide letter dated

29.09.2010 has allotted another land situated Khasra No. 399 to

the Transport Department for construction of the Driving Track.

Learned counsel submitted that in view of the fact that the

disputed piece of land is not required by the Transport Department

anymore for construction of a Driving Track, he may be permitted

to withdraw the Civil Original Suit No.64/2006 titled as 'Vishal

Kumar v. State of Rajasthan & Anr.'.

The prayer made by the learned counsel for the appellant

has not been opposed by anyone.

In that view of the matter, the present civil first appeal is

disposed of. The Original Suit No.64/2006 instituted in the Court

of Learned Additional District Judge (Fast Track), Chittorgarh is

dismissed as withdrawn.

However, the present order shall not preclude the appellant

from filing a fresh Civil Original Suit, if occasion so arises.

(KULDEEP MATHUR),J 74-himanshu/-

(Uploaded on 08/10/2025 at 04:03:44 PM)

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