This order disposes of four connected civil writ petitions as withdrawn. The High Court allowed the petitioners to challenge the impugned orders by filing appeals within 30 days, treating such appeals as within the limitation period.
Disposed of as withdrawn with liberty to file appeals within 30 days to be treated as within limitation.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 1455/2017
Mukesh Verma S/o Sh. Tej Ram Verma, R/o V-156, O.t.c. Scheme, Ambamata, District Udaipur Registered Owner Vehicle No. Rj-27-Pa-1972 Through Power Of Attorney Holder Deepak Kumar Sikligar S/o Babu Lal Sikligar, R/o 15-Karjali House Moti Chohtta, Udaipur.
----Petitioner
Versus
----Respondents
Connected With
D.B. Civil Writ Petition No. 14985/2016
Gajendra Kumar S/o Sh. Hukami Chand Ji, R/o Jhadol, DistrictUdaipur- Registered Owner Vehicle No. - Gj -09-Bb-7990
----Petitioner
Versus
----Respondents
D.B. Civil Writ Petition No. 1478/2017
Amrut Lal S/o Sh. Narsi Damor, R/o Amliya, Post- Palpadra, Tehsil- Bichiwada, District- Dungarpur. Registered Owner Vehicle No. Gj-06-Cm-8692
----Petitioner
Versus
----Respondents
D.B. Civil Writ Petition No. 5472/2018
M/s Sethia Erectors And Material Handers Ltd., Through Sunil Kumar Singh S/o Ashok Kumar Singh, Authorized Person, Address- Godrej Coliseum, B Wing, Office No. 1301, 13Th Floor, Behind Everad Nagar, Off Eastern Express Highway, Sion East, Mumbai- 400022. Registered Owner Vehicle No. Gj-12-Cm-0096
----Petitioner
Versus
(2 of 2)
[CW-1455/2017]
----Respondents
For Petitioner(s) : Mr. R.S. Mankad. For Respondent(s) : Mr. Sudhir Tak, AAG.
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment / Order
19/07/2022
Learned counsel Shri Mankad, submits that as the remedy of appeal is available against the impugned order, he may be allowed to withdraw these writ petitions leaving the petitioners at liberty to challenge the impugned order by filing appeal. However, Shri Mankad requests that bar of limitation may be lifted if the appeal is filed within a period of 30 days.
Learned AAG Shri Sudhir Tak does not object to the said submission.
Thus, in case, the petitioners herein approach the competent appellate authority for assailing the impugned orders, by filing appeals within next 30 days the same will be treated to be within limitation & considered and decided as per law.
The writ petitions are disposed of as withdrawn with the aforesaid liberty.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
(SANDEEP MEHTA),J
88-Tikam / Ravi Kh/-
2 issues framed by the court
Whether the bar of limitation can be lifted to allow filing of appeals within 30 days upon withdrawal of writ petitions.
Whether the petitioners are allowed to withdraw their writ petitions in favor of filing appeals.
Mukesh Verma
Gajendra Kumar
Amrut Lal
M/s Sethia Erectors And Material Handers Ltd.
State Of Rajasthan
The District Transport Officer
KULDEEP MATHUR
SANDEEP MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
