Writ petition challenged an order regarding land width. Court dismissed the petition without altering the impugned order but granted liberty to file an application to widen the way.
Writ petition dismissed without interference in the order below, but with liberty to file an application to widen the way.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17934 / 2015
----Petitioners
Versus
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Mahendra Goyal
For Respondent(s) :
HON'BLE MR. JUSTICE M.N. BHANDARI
Order
12/05/2017
Learned counsel submits that if liberty is given to file an application for widening of the existing way in Khasra Nos.462 and 465, the petitioners are not required to press the present writ petition. The application aforesaid should not be dismissed on the ground of rej judicata or constructive res judicata.
As prayed, this writ petition is dismissed without causing interference in the order but with liberty as prayed for. In case of
(2 of 2)
[CW-17934/2015]
application to widen the pay, the consideration would be made without being guided by the order under challenge herein and it would not hit by res judicata.
(M.N. BHANDARI)J.
FRBOHRA
1 issue framed by the court
Whether a writ petition can be dismissed without interfering in the order below while granting liberty to file an application to widen the way to avoid res judicata issues.
Kishan Lal
Shri Ram
Shishpal
Ramlal
Gulab
Harphool
M.N. BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
