The High Court recalled an impugned order dated 06.02.2018 passed in Special Appeal No.43/2018, which was inadvertently decided based on a non-applicable precedent concerning land acquisition proceedings.
Recalled the order dated 06.02.2018 passed in D.B. Special Appeal (Writ) No.43/2018 and ordered listing of the matter.
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[2023:RJ-JD:27596-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Misc Application No. 178/2019
in
D.B.Special Appeal (Writ) No.43/2018
Versus
----Respondents
For Petitioner(s) : Mr.Sandeep Shah, Sr.Adv/AAG through VC For Respondent(s) : -
HON'BLE MR. JUSTICE MANOJ KUMAR GARG HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
01/09/2023
Defect point out by the office is hereby overruled.
The instant application has been filed for recalling of the order dt. 6.02.2018 passed by this Court in D.B.Special Appeal (Writ) No.43/2018.
[2023:RJ-JD:27596-DB]
[WMAP-178/2019]
(2 of 2)
Shri Sandeep Shah, learned Additional Advocate General submits that inadvertently, D.B.Special Appeal (Writ) No.43/2018 was decided in view of the order passed by this Court in D.B.SAW No.88/2018 (State of Rajasthan & Anr. Vs. Om Prakash & Ors.), decided on 05.02.2018, whereas the present matter pertains to land acquisition proceedings and the same was not covered by the judgment passed in D.B.SAW No.88/2018.
We have considered the argument advanced before us and perused the material available on record.
For the reasons mentioned in the application, the application is allowed and the order dt. 06.02.2018 passed in D.B.Special Appeal (Writ) No.43/2018 is hereby recalled. Let the present D.B.Special Appeal (Writ) No.43/2018 be listed along with D.B.Special Appeal (Writ) No.1001/2017.
(MADAN GOPAL VYAS),J
(MANOJ KUMAR GARG),J
2-NK/-
1 issue framed by the court
Whether the order dated 06.02.2018 recorded in Special Appeal No.43/2018 was erroneously passed in view of a different case.
Colour shows how this judgement treated each authority
D.B.SAW No.88/2018 (State of Rajasthan & Anr. Vs. Om Prakash & Ors.)Referred¶23
The State of Rajasthan
Ravindra Jain
The Rajasthan State Industrial Development And Investment Corporation Ltd.
Regional Manager, RIICO Ltd.
MANOJ KUMAR GARG
MADAN GOPAL VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
