The High Court recalled its own order dismissing a writ petition for non-prosecution, restoring it to remove defects by 15.02.2022, subject to a security deposit.
Recalled order impugned; Writ Petition restored to be disposed of within 30 days; Cost Rs. 10,000 imposed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 997/2021
State Public Information Officer And Sunrise University, Alwar, Through Registrar, Sunrise University, Alwar (Rajasthan).
----Appellant
Versus
Shripal Sharma Son Of Shri Sadhu Ram, Resident Of 1133/14-B, Laxmi Street, Shivpuri Road, Ludhiyana, Punjab-141008.
----Respondent
For Appellant(s) : Mr. Pradeep Singh through VC For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SAMEER JAIN
Order
19/01/2022
This appeal is filed by the State Public Information Officer of Sunrise University, Alwar to challenge an order dated 07.09.2021 passed by the learned Single Judge in Writ Petition No.21248/2018. The petition was dismissed for non-removal of defects for a long period of time. The learned Single Judge dismissed the petition recording that the same was for nonprosecution.
The appellant could easily have approached the learned Single Judge with a request for restoration of the petition and seeking permission to remove the defects. To begin with as it reflects from the order passed by the learned Single Judge the defects were not removed for a long time. Once an order was passed dismissing the petition for non-prosecution, instead of requesting for recall of the order the appeal has been filed. In
(2 of 2)
[SAW-997/2021]
larger interest of justice therefore while recalling the order dated 07.09.2021 passed by the learned Single Judge and restoring the writ petition on the condition that all defects shall be removed latest by 15.02.2022 failing which the petition shall stand automatically dismissed without further reference to the Court, a cost of Rs.10,000/- is imposed on the appellant which shall be deposited latest by 15.02.2022 before the Rajasthan State Legal
Services Authority.
The appeal is disposed of.
(SAMEER JAIN),J
(AKIL KURESHI),CJ
Kamlesh Kumar/23
1 issue framed by the court
Whether to recall the order of dismissal for non-prosecution and restore the writ petition for correction of defects.
State Public Information Officer And Sunrise University, Alwar
Shripal Sharma
Akil Kureshi
Sameer Jain
As recorded by the court registry
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