Partly allowed

Kartar Singh v. B.O.R.for Raj.at Ajmer and Ors.

Rajasthan HC30 May 2023SAW/792/2009

Case brief

AI extract

What is this about?

Division Bench allowed Special Appeal Withdrawal applications (SAWs) filed by appellants. The bench directed return of lapsed bank guarantees held by the court and ordered banks to release Fixed Deposits with interest to appellants.

What did the court decide?

Allowed withdrawal of appeals and their dismissal as withdrawn; ordered return of lapsed bank guarantees to appellants and release of Fixed Deposits with interest from banks.

Kartar Singh Vs B.O.R.for Raj.at Ajmer… — Contract and Commercial Disputes | Rajasthan HC (2023)

¶1

[2023/RJJD/018165]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

D.B. Spl. Appl. Writ No. 751/2009

¶4

Kartar Singh son of Jawahar Singh through Legal

¶5

Representatives:-

¶6

1/1. Smt. Tej Kaur Wd/o Kartar Singh (Name Deleted)

¶7

1/2. Manmohan Singh S/o Kartar Singh.

¶8

1/3. Satnam Singh S/o Kartar Singh

¶9

All residents of Chak 5z, Tehsil and District Sri Ganganagar.

¶10

----Appellants

¶11

Versus

¶12

Board of Revenue for Rajasthan at Ajmer.

¶13

Revenue Appellate Authority, Sri Ganganagar.

¶14

Assistant Collector (Revenue), Sri Ganganagar.

¶15

State of Rajasthan through Tehsildar (Revenue), Sri

¶16

Ganganagar.

¶17

Gursaran Singh since deceased through his legal

¶18

representatives:-

¶19

5/1. Harjeet Singh s/o late Shri Gursaran Singh.

¶20

5/2. Smt. Balbir Kaur Wd/o late Shri Gursaran Singh,

¶21

Gurpreet Kaur D/o late Shri Gursaran Singh W/o Shri

¶22

Paramjeet Singh, R/o Ludhiyana.

¶23

Smt. Jogendra Kaur W/o Shri Gurubux Singh.

¶24

Upkar Kaur D/o Shri Gurubux Singh.

¶25

Harvindra Kaur D/o Shri Gurubux Singh.

¶26

Surjeet Singh S/o Shri Gurubux Singh.

¶27

Harjeet Singh S/o Shri Gurubux Singh.

¶28

Santokh Singh S/o Shri Sunder Singh.

¶29

Jogendra Singh S/o Shri Sunder Singh.

¶30

Sohan Singh S/o late Sh. Deewan Singh since deceased

¶31

through his legal heirs:-

¶32

14/1. Inderjeet Singh S/o late Sh. Sohan Singh, R/o Chak 5z

¶33

Tehsil and District Sri Ganganagar.

¶34

Surendra Singh S/o Shri Sohan Singh.

¶35

Jaswir Singh S/o Shri Sohan Singh.

¶36

Gurbux Kaur Wd/o late Shri Niranjan Singh.

¶37

Indramohan Singh S/o late Shri Niranjan Singh.

(2 of 10)

[2023/RJJD/018165]

[SAW-751/2009]

Mohanveer Singh S/o late Shri Niranjan Singh.

¶42

Harmohan Singh S/o late Shri Niranjan Singh.

¶43

Bhupendra Pal Singh since died through legal

¶44

representatives:-

¶45

21/1. Manjeet Kaur W/o Bhupendra Pal Singh, R/o 28, south Patel Nagar, New Delhi.

¶46

21/2. Sanjeet Singh S/o Bhupendra Pal Singh.

¶47

21/3. Amrita Kaur D/o Bhupendra Pal Singh (Name of respondents no.21/2 and 21/3 deleted as per order of Hon’ble

¶48

Court).

¶49

Harkirat Singh S/o Shri Harnam Singh.

¶50

Amarjeet Singh S/o Shri Harnam Singh.

¶51

Saran Singh S/o late Sh. Pyara Singh since deceased through his legal heirs:-

¶52

24/1. Ramandeep Kaur.

¶53

24/2. Harbit Kaur.

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Resident of Chak 5z Tehsil and District Sriganganagar.

¶55

Jitendra Singh S/o Shri Saran Singh.

¶56

Harendra Singh S/o Shri Saran Singh.

¶57

Mahendra Kaur Wd/o late Shri Dilbagh Singh.

¶58

Harjeet Singh S/o Late Shri Dilbagh Singh.

¶59

Manjeet Singh S/o Late Shri Dilbagh Singh.

¶60

Jaspal Singh S/o Shri Dalip Singh.

¶61

Satpal Singh S/o Shri Dalip Singh.

¶62

Harbhajan Singh S/o Shri Dalip Singh.

¶63

Gurpreet Kaur W/o Shri Dalip Singh.

¶64

Daljeet Kaur W/o Shri Dalip Singh.

¶65

All R/o Chak 5z, Tehsil and District Sri Ganganagar.

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Kanwarjit Singh S/o Shri Sohan Singh, C/o B.K. Corporation, Anson 605 Gorakhpurawala Building, in front of Badiya Fire Temple, Girgam Road, Mumbai.

¶67

----Respondents

¶68

Connected With

¶69

D.B. Spl. Appl. Writ No. 792/2009

¶70

Kartar Singh son of Jawahar Singh through Legal Representatives:-

(3 of 10)

[2023/RJJD/018165]

[SAW-751/2009]

1/1. Smt. Tej Kaur Wd/o Kartar Singh (Name Deleted)

¶75

1/2. Manmohan Singh S/o Kartar Singh.

¶76

1/3. Satnam Singh S/o Kartar Singh

¶77

All residents of Chak 5z, Tehsil and District Sri Ganganagar.

¶78

----Appellants

¶79

Versus

¶80

Board of Revenue for Rajasthan at Ajmer.

¶81

Revenue Appellate Authority, Sri Ganganagar.

¶82

Assistant Collector (Revenue), Sri Ganganagar.

¶83

State of Rajasthan through Tehsildar (Revenue), Sri

¶84

Ganganagar.

¶85

Gursaran Singh since deceased through his legal

¶86

representatives:-

¶87

5/1. Harjeet Singh s/o late Shri Gursaran Singh.

¶88

5/2. Smt. Balbir Kaur Wd/o late Shri Gursaran Singh,

¶89

Gurpreet Kaur D/o late Shri Gursaran Singh W/o Shri

¶90

Paramjeet Singh, R/o Ludhiyana.

¶91

Smt. Jogendra Kaur W/o Shri Gurubux Singh.

¶92

Upkar Kaur D/o Shri Gurubux Singh.

¶93

Harvindra Kaur D/o Shri Gurubux Singh.

¶94

Surjeet Singh S/o Shri Gurubux Singh.

¶95

Harjeet Singh S/o Shri Gurubux Singh.

¶96

Santokh Singh S/o Shri Sunder Singh.

¶97

Jogendra Singh S/o Shri Sunder Singh.

¶98

Sohan Singh S/o late Sh. Deewan Singh since deceased through his legal heirs:-

¶99

14/1. Inderjeet Singh S/o late Sh. Sohan Singh, R/o Chak 5z

¶100

Tehsil and District Sri Ganganagar.

¶101

Surendra Singh S/o Shri Sohan Singh.

¶102

Jaswir Singh S/o Shri Sohan Singh.

¶103

Gurbux Kaur Wd/o late Shri Niranjan Singh.

¶104

Indramohan Singh S/o late Shri Niranjan Singh.

¶105

Mohanveer Singh S/o late Shri Niranjan Singh.

¶106

Harmohan Singh S/o late Shri Niranjan Singh.

¶107

Bhupendra Pal Singh since died through legal

¶108

representatives:-

(4 of 10)

[2023/RJJD/018165]

[SAW-751/2009]

21/1. Manjeet Kaur W/o Bhupendra Pal Singh, R/o 28, south

¶113

Patel Nagar, New Delhi.

¶114

21/2. Sanjeet Singh S/o Bhupendra Pal Singh.

¶115

21/3. Amrita Kaur D/o Bhupendra Pal Singh (Name of respondents no.21/2 and 21/3 deleted as per order of Hon’ble

¶116

Court).

¶117

Harkirat Singh S/o Shri Harnam Singh.

¶118

Amarjeet Singh S/o Shri Harnam Singh.

¶119

Saran Singh S/o late Sh. Pyara Singh since deceased through his legal heirs:-

¶120

24/1. Ramandeep Kaur.

¶121

24/2. Harbit Kaur.

¶122

Resident of Chak 5z Tehsil and District Sriganganagar.

¶123

Jitendra Singh S/o Shri Saran Singh.

¶124

Harendra Singh S/o Shri Saran Singh.

¶125

Mahendra Kaur Wd/o late Shri Dilbagh Singh.

¶126

Harjeet Singh S/o Late Shri Dilbagh Singh.

¶127

Manjeet Singh S/o Late Shri Dilbagh Singh.

¶128

Jaspal Singh S/o Shri Dalip Singh.

¶129

Satpal Singh S/o Shri Dalip Singh.

¶130

Harbhajan Singh S/o Shri Dalip Singh.

¶131

Gurpreet Kaur W/o Shri Dalip Singh.

¶132

Daljeet Kaur W/o Shri Dalip Singh.

¶133

All R/o Chak 5z, Tehsil and District Sri Ganganagar.

¶134

Kanwarjit Singh S/o Shri Sohan Singh, C/o B.K. Corporation, Anson 605 Gorakhpurawala Building, in front of Badiya Fire Temple, Girgam Road, Mumbai.

¶135

----Respondents

¶136

D.B. Spl. Appl. Writ No. 793/2009

¶137

Kartar Singh son of Jawahar Singh through Legal

¶138

Representatives:-

¶139

1/1. Smt. Tej Kaur Wd/o Kartar Singh (Name Deleted)

¶140

1/2. Manmohan Singh S/o Kartar Singh.

¶141

1/3. Satnam Singh S/o Kartar Singh

¶142

All residents of Chak 5z, Tehsil and District Sri Ganganagar.

----Appellants

(5 of 10)

[2023/RJJD/018165]

[SAW-751/2009]

Versus

Board of Revenue for Rajasthan at Ajmer.

¶149

Revenue Appellate Authority, Sri Ganganagar.

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Sub-Divisional Officer (Revenue), Sri Ganganagar.

¶151

Jitendra Singh S/o Sh. Saran Singh.

¶152

Harmendra Singh S/o Sarvan Singh

¶153

Balwant Singh S/o Sarvan Singh

¶154

Manmohan Kaur W/o Saran Singh (Name deleted)

¶155

Gurbux Kaur Wd/o Late Shri Niranjan Singh (Name deleted),

¶156

Indramohan Singh S/o Late Shri Niranjan Singh

¶157

Harmahendra Singh S/o Shri Surjan Singh,

¶158

Mohan Singh S/o Surjan Singh,

¶159

Santosh Singh S/o Sunder Singh

¶160

Jogendra Singh S/o Shri Sunder Singh,

¶161

Ajit Singh S/o Jawahar Singh (Name deleted)

¶162

Gursaran Singh since deceased through his legal

¶163

representatives:-

¶164

15/1. Harjeet Singh S/o late Shri Gursaran Singh,

¶165

15/2. Smt. Balbir Kaur Wd/o Late Shri Gurusaran Singh,

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Beant Singh S/o Sohan Singh (Name deleted),

¶167

Karjeet Singh S/o Shri Sohan Singh,

¶168

Surendra Singh S/o Shri Sohan Singh,

¶169

Jasveer Singh S/o Shri Sohan Singh,

¶170

Bhupendra Pal Singh since deied through legal

¶171

representatives

¶172

20/1. Manjeet Kaur W/o Bhupendra Pal Singh, R/o 28, South

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Patel Nagar, New Delhi.

¶174

Harkeerat Singh S/o Shri Harnam Singh,

¶175

Indarjeet Singh S/o Sohan Singh,

¶176

Manjeet Singh S/o Shri Dilbagh Singh,

¶177

Harjeet Singh S/o Shri Dilbagh Singh

¶178

Mahendra Kaur Wd/o Late Shri Dilbagh Singh,

¶179

Harcharan Singh S/o Jaswant Singh,

¶180

Satindra Singh S/o Jaswant Singh,

¶181

Surjeet Kaur W/o Jaswant Singh (Name deleted)

¶182

Jatindra Singh S/o Jaswant Singh,

(6 of 10)

[2023/RJJD/018165]

[SAW-751/2009]

Balwant Singh S/o Harnam Singh (since deceased) through his legal heirs:-

¶187

30/1. Amritpal Singh S/o Balwant Singh, R/o 56-H Block, Sri Ganganagar.

¶188

30/2. Arvinder Kaur W/o Manjeet Singh, D/o Balwant Rajinder Nagar, New Delhi.

¶189

30/3. Brij Mohan Singh S/o Balwant Singh, R/o Block 34, East Patel Nagar, Central Delhi, Delhi.

¶190

----Respondents

¶191

D.B. Spl. Appl. Writ No.791/2009

¶192

Kartar Singh son of Jawahar Singh through Legal representatives:-

¶193

Smt. Tej Kaur Wd/o Kartar Singh

¶194

Manmohar Singh S/o Kartar Singh

¶195

Satnam Singh S/o Kartar Singh

¶196

All residents of Chak 5Z, Tehsil and District Sri Ganganagar.

¶197

----Appellants

¶198

Versus

¶199

Board of Revenue for Rajasthan at Ajmer.

¶200

Revenue Appellate Authority, Sri Ganganagar.

¶201

Sub Divisional Officer (Revenue), Sri Ganganagar.

¶202

The State of Rajasthan through Tehsildar, Sri Ganganagar.

¶203

Surendra Singh S/o Shri Sohan Singh

¶204

Harendra Singh S/o Shri Saran Singh

¶205

Mahendra Singh Wd/o Late Shri Dilbagh Singh

¶206

Harjeet Singh S/o Late Shri Dilbagh Singh

¶207

Manjeet Singh S/o Late Shri Dilbagh Singh

¶208

Santokh Singh S/o Late Shri Sunder Singh

¶209

Jogendra Singh S/o Late Shri Sunder Singh

¶210

Sohan Singh S/o Late Shri Deewan Singh (since deceased through his legal heirs):-

¶211

12/1. Inderjeet Singh S/o Late Sh. Sohan Singh, R/o Chak 5-z Tehsil and District Sri Ganganagar.

¶212

Jaswir Singh S/o Late Shri Sohan Singh

¶213

Gurbux Kaur Wd/o Late Shri Niranjan Singh

(7 of 10)

[2023/RJJD/018165]

[SAW-751/2009]

Indermohan Singh S/o Late Shri Niranjan Singh

¶218

Mohanveer Singh S/o Late Shri Niranjan Singh

¶219

Harmohan Singh S/o Late Shri Niranjan Singh

¶220

Harkirat Singh S/o Late Shri Harnam Singh

¶221

Respondents No. 5 to 18 are R/o Chak 5Z, Tehsil & District Sri Ganganagar.

¶222

PROFORMA-RESPONDENTS-

¶223

Ajit Singh S/o Shri Jawahar Singh since died through legal representative:-

¶224

19/1. Avtar Singh S/o Jawahar Singh

¶225

Harjeet Singh S/o Late Shri Gurusaran Singh

¶226

Smt. Balbir Kaur Wd/o Late Shri Gurusaran Singh

¶227

Smt. Jogendra Kaur W/o Shri Gurubux Singh

¶228

22 A. Smt. Upkar Kaur D/o Shri Gurubux Singh.

¶229

22A. Smt. Upkar Kaur D/o Shri Gurubux Singh

¶230

Smt. Harvindra Kaur D/o Shri Gurubux Singh

¶231

Surjeet Singh S/o Shri Gurubux Singh

¶232

Harjeet Singh S/o Shri Gurubux Singh

¶233

Bhupendra Pal Singh S/o Karam Singh since died through legal representative:-

¶234

26/1. Manjeet Kaur W/o Bhupendra Singh

¶235

Amarjeet Singh S/o Shri Harnam Singh

¶236

Saran Singh S/o Shri Pyara Singh since died through legal representative:-

¶237

28/1. Manmohan Kaur W/o Late Shri Saran Singh

¶238

28/2. Jitendra Singh S/o Late Shri Saran Singh

¶239

28/3. Harendra Singh S/o Late Shri Saran Singh

¶240

28/4. Smt. Ramandeep Kaur D/o Late Shri Saran Singh

¶241

28/5. Smt. Harbeet Kaur D/o late Shri Saran Singh

¶242

Jitendra Singh S/o late Shri Saran Singh

¶243

Jaspal Singh S/o Shri Dalip Singh

¶244

Satpal Singh S/o Shri Dalip Singh

¶245

Harbhajan Singh S/o Shri Dalip Singh

¶246

Daljeet Singh W/o Shri Dalip Singh

¶247

Gurpreet Kaur D/o Shri Dalip Singh

(8 of 10)

[2023/RJJD/018165]

[SAW-751/2009]

All R/o Chak 5Z, Tehsil & District Sri Ganganagar. 35. Gurpreet Kaur D/o Late Shri Gursaran Singh W/o Shri Paramjeet Singh, R/o Ludhiyana, 36. Kanwarjit Singh S/o Shri Sohan Singh, C/o B.K. Corporation, Anson 605, Gorakhpurawala Building, In front of Badiya Fire Temple, Girgam Road, Mumbai.

¶252

----Respondents

¶253

For Appellants(s) : Mr. Hemant Jain. For Respondent(s) : Mr. Vikas Balia, Sr. Advocate assisted by Mr. Kunal Bishnoi. Mr. Aman Bishnoi for Mr. C.S. Kotwani.

¶254

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

¶255

30/05/2023

¶256

These appeals have been preferred by the appellants aggrieved of the order dated 31.8.2009 passed by learned Single Judge, whereby, CWP No. 5263/2005, 5429/2005 & 3336/2005 were dismissed and CWP No.6647/2005 was allowed along with several directions.

¶257

Applications have been filed in SAW No.751/2009, 792/2009 and 793/2009 seeking withdrawal of the present appeals. Further, an oral prayer has been made for withdrawal of SAW No.791/2009. 3. The applications filed have been received and the prayer made are not opposed by learned counsel for the respondents. 4. Further submissions have been made in the applications by the appellants that during pendency of the writ petitions, the appellants herein pursuant to the order dated 23.9.2005 passed by learned Single Judge, had furnished bank guarantees to the tune of Rs.20 lakhs (Rs.10 lakhs from UTI Bank, now Axis Bank

[2023/RJJD/018165]

[SAW-751/2009]

(9 of 10)

Sriganganagar Branch, and Rs.10 lakhs for Punjab and Sind Bank Sriganganagar Branch) and the guarantees were deposited with the Dy. Registrar (Judicial) of this Court.

¶262

The bank guarantees were renewed from time to time during pendency of the writ petition, however, during pendency of the appeals though the bank guarantees have not been renewed and they have lapsed, however, the banks have not made payment of the Fixed Deposits, which were made with the bank for issuance of the bank guarantees to the appellants and even at the time of decision in the writ petitions, no order qua the bank guarantees was passed.

¶263

Whereafter, when the applications were filed for release of the bank guarantees in the decided writ petitions, directions were issued to make applications in the present appeals. The applications made in the present appeals were dismissed by the Division Bench.

¶264

Submissions have been made that as a part of settlement, the bank guarantees produced by the appellants are required to be released in their favour.

¶265

Further submissions have been made that the bank guarantees were issued by the respective banks on deposit of amount by way of Fixed Deposit with the banks, which Fixed Deposits have earned interest thereon for over a period of time, it is prayed that in view of the fact that bank guarantees produced before this Court have lapsed long bank and as a part of settlement, the appellants are entitled to receive back the amount of said Fixed Deposits, the banks may be directed to release the said Fixed Deposits along with interest in favour of the appellants.

(10 of 10)

[2023/RJJD/018165]

[SAW-751/2009]

In view of the submissions made, which are not contested by the respondents, the applications filed in SAW No.751/2009, 792/2009 and 793/2009 and the prayer made in SAW No.791/2009 seeking withdrawal, are allowed. All the four appeals (SAW No.751/2009, 792/2009, 793/2009 & 791/2009) are dismissed as withdrawn.

¶270

The bank guarantees, though lapsed, which are still lying with the Registry of this Court, be returned back to the appellants. The banks are also directed to make payment of the Fixed Deposits along with interest earned / accrued thereon to the appellants in terms of the deposits.

¶271

(RAJENDRA PRAKASH SONI),J

¶272

(ARUN BHANSALI),J

¶273

Item No.65 – 66 - 67 & SAW No. 791/2009 (today supplementary) Sumit/-

Kartar Singh v. B.O.R.for Raj.at Ajmer and Ors.

Case brief

What is this about?

What did the court decide?

Kartar Singh v. B.O.R.for Raj.at Ajmer and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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