The High Court allowed the applicant's submission that the cause for the writ petition survives. The order declaring the petition infructuous was recalled, and the petition was restored to its original number for admission.
Order dated 05.02.2015 recalled; writ petition restored at original number for admission on 20.04.2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[1]
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
O R D E R
D.B. CIVIL MISC. APPLICATION NO.66/2015 IN D.B. CIVIL WRIT PETITION (P.I.L.) NO.7217/2014
Kailash Chandra Sharma Versus
The State of Rajasthan & Ors.
Date of Order :: 13.04.2015
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR
Mr. Kuldeep Mathur for the applicant Mr. S.S. Ladrecha, Additional Advocate General, for the respondents
BY THE COURT :
Learned counsel for the applicant submits that the statement was wrongly made that the petition, as a matter of fact, has become infructuous in view of holding of the election of the Panchayat. It is stated that the cause sought to be agitated still survives.
Suffice to mention that this petition for writ pertains to conversion of certain area as local self government area without taking into consideration the relevant facts given under the census of 2011.
Having considered the statement made at bar, we
[2]
deem it appropriate to allow this application. Accordingly, the same is allowed. The order dated 05.02.2015 is recalled. The writ petition is restored at its original number. The same be listed for admission on 20.04.2015.
[JAISHREE THAKUR], J. [GOV IND MATHUR], J.
Pramod
2 issues framed by the court
Whether the court can allow a writ petition seeking conversion of area to local self-government area after it was deemed infructuous due to elections.
Whether the High Court should recall an order declaring the petition infructuous.
Kailash Chandra Sharma
The State of Rajasthan
Govind Mathur
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
