Petitioner applied for recall of an order dismissing his Writ Petition as withdrawn, claiming it was erroneously dismissed due to misunderstanding while another petition was withdrawn. Court recalled the dismissal.
Order dated 16.01.2023 recalled regarding S.B. CWP No.5481/2020; Writ petition restored to original number; matter listed.
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.
[2023/RJJP/008815]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Writ Miscellaneous Application No. 33/2023
IN
S.B. Civil Writ Petition No.5481/2020
Ganpat Singh, S/o Shri Kan Singh, Aged About 57 Years, R/o Mawdi, Tehsil- Siwana, District Barmer, Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sandeep Singh Shekhawat For Respondent(s) : Mr. R.P. Singh, AAG with Ms. Devyani Rathore & Mr. Aditya Singh
HON'BLE MR. JUSTICE SAMEER JAIN
Order
01/05/2023
The present application is filed for recall of the order dated 16.01.2023 passed in S.B CWP No.5481/2020 titled as Ganpat Singh Vs. State of Rajasthan & Ors.
It is submitted that on 16.01.2023, a request was made by learned counsel for the petitioner, Mr. Prateek Mathur, for withdrawal of the Writ Petition No.5480/2020 titled as Shri Kuber Infra Vs. State of Rajasthan & Ors. and accordingly the said writ petition was dismissed as withdrawn.
[2023/RJJP/008815]
[WMAP-33/2023]
(2 of 2)
Learned counsel for the petitioner, Mr. Sandeep Singh Shekhawat, has submitted that along with the said matter as referred above, one S.B. CWP No.5481/2020 titled as Ganpat Singh Vs. State of Rajasthan & Ors. was also connected and thereby, the same was dismissed as well.
In this regard, learned counsel submitted that it was on account of an inadvertent miscommunication and misunderstanding that the connected matter i.e. S.B. CWP No.5481/2020 was also ordered to be dismissed as withdrawn along with S.B. CWP No.5480/2020. It was further submitted that on the said occasion, learned counsel for the petitioner had no instruction to withdraw the said writ petition and accordingly, he wants to contest the same.
Learned counsel for the State, Mr. R.P. Singh, AAG has not opposed the present recall application.
In the aforesaid facts and circumstances of the case, the order dated 16.01.2023 stands modified to the extent of recalling of the said order, in so far as it pertains to S.B. CWP No.5481/2020 titled as Ganpat Singh Vs. State of Rajasthan & Ors.
Consequently, S.B. CWP No.5481/2020 titled as Ganpat Singh Vs. State of Rajasthan & Ors. stands restored to its original number.
Registry is directed to list the matter before appropriate Bench.
(SAMEER JAIN),J
JKP/58
1 issue framed by the court
Whether the order dismissing S.B.CWP No.5481/2020 as withdrawn (erroneously connected to another withdrawal) be recalled.
Ganpat Singh
State Of Rajasthan
SAMEER JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
