This order dismissed five connected writ applications seeking to modify a previous judgment. The court held that it was functus officio as the Supreme Court had dismissed special leave petitions, making the order final.[]
Applications dismissed; liberty granted to seek remedy if circumstances arise.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
D.B. Writ Misc Application No. 57/2019
Sumit
----Petitioner
Versus
State Of Rajasthan
----Respondent
Connected With D.B. Writ Misc Application No. 65/2019 Amad Khan ----Petitioner Versus The State Of Rajasthan ----Respondent D.B. Writ Misc Application No. 67/2019 Prithvi Singh @ Parthvee Singh ----Petitioner Versus State Of Rajasthan ----Respondent D.B. Writ Misc Application No. 68/2019 Popat Lal ----Petitioner Versus The State Of Rajasthan ----Respondent D.B. Writ Misc Application No. 77/2019 Ramkamal ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Ripudaman Singh For Respondent(s) : Mr. Sandeep Shah, AAG.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
[WMAP-57/2019]
(2 of 2)
04/01/2020
These applications have been filed for modification of order dated 04.12.2018 passed in the main appeals.
It is brought to our notice by learned counsel for the State that the State had preferred SLPs being Special Leave Petition (Civil) Nos.20438/2019, 20439/2019, 20440/2019 and 17145/2019 before the Hon’ble Apex Court and, by the judgment and order dated 11.12.2019, the said SLPs came to be dismissed.
Consequently, the order passed by this Court had attained finality by the judgment of the Hon’ble Apex Court. Thus, there is no scope for modifying the order. This Court has become functus officio.
The applications are, therefore, dismissed accordingly. However, liberty is granted to the applicants to seek appropriate remedy if circumstances arise.
(DR. PUSHPENDRA SINGH BHATI),J (INDRAJIT MAHANTY),CJ
a.asopa 18-/-
1 issue framed by the court
Whether a modification application can be entertained after the Supreme Court has dismissed special leave petitions sealing the finality of the lower court order.
Sumit
State Of Rajasthan
Indrajit Mahanty
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
