Allowed

Ajeet Kumar Yadav S/O Shri Bhoop Singh Yadav v. State of Rajasthan

Rajasthan HC17 May 2023WRES/137/2021

Case brief

AI extract

What is this about?

This single-judge order allowed a misc. restoration application to recall an order dated 24.02.2021 and a consequent Registrar's order dated 14.07.2021. The court decreed the restoration of D.B. Special Appeal (Writ) No.125/2020 to its original number admitting defects arose due to unintended taggling.

What did the court decide?

Order dated 24.02.2021 and Registrar's order dated 14.07.2021 are recalled; Special Appeal No.125/2020 is restored to original number.

Ajeet Kumar Yadav S/O Shri Bhoop Singh… — Civil Procedure and Limitation | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Writ Restoration Application No.137/2021

¶3

¶4

D.B. Special Appeal (Writ) No.125/2020 (D)

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Ajeet Kumar Yadav S/o Shri Bhoop Singh Yadav, Aged About 46 Years, R/o Village & Post Majra, Tehsil Behror, District Alwar (Raj.).

¶6

----Applicant/Appellant/Petitioner

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Versus

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The State of Rajasthan, through the Secretary to the Government, Education Department, Govt. Secretariat, Jaipur.

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The Director, Primary Education, Bikaner.

¶10

Rajasthan Public Service Commission, through its Secretary, Ajmer.

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----Non-Applicants/Respondents

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For Petitioner(s) : Mr.Pallav Jhalani, Adv. for Mr.Anshuman Saxena, Adv.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

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17/05/2023

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The matter comes up on the misc. restoration application filed for recalling the order dated 24.02.2021 passed by this Court and consequential order dated 14.07.2021 passed by the Registrar (Judicial).

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Learned counsel for the applicant-appellant submitted that the appellant had preferred D.B. Special Appeal (Writ) No.125/2020 challenging the order passed by the learned Single Judge dated 06.11.2019.

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Learned counsel for the applicant-appellant submitted that D.B.SAW No.125/2020 was tagged with other Special Appeals

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[WRES-137/2021]

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(2 of 2)

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and on a request being made by counsel for the appellant, the case was de-tagged on 24.02.2021.

¶21

Learned counsel for the applicant-appellant submitted that the defects, as pointed out by the Registry in the said Special Appeal No.125/2020, were required to be removed within two weeks and as such, peremptory order was passed by this Court on 24.02.2021.

¶22

Learned counsel for the applicant-appellant submitted that inadvertently since the said Special Appeal filed by the appellant was listed along-with other Special Appeals and as such, peremptory order also came to be passed in the said Special Appeal No.125/2020 and as such, counsel for the appellant could not remove the defects, as were pointed out by the Registry.

¶23

Learned counsel for the applicant-appellant submitted that the applicant-appellant is interested in prosecuting the Special Appeal, as his legal rights are affected due to dismissal of Writ Petition by the learned Single Judge.

¶24

This Court, considering the averments made in the application and after hearing counsel for the applicant-appellant, deems it proper to allow the misc. restoration application and the order dated 24.02.2021 passed by this Court and consequential order dated 14.07.2021 passed by the Registrar (Judicial) are recalled and as such, D.B. Special Appeal (Writ) No.125/2020 is restored to its original number.

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The application stands allowed accordingly.

¶26

(ASHUTOSH KUMAR), J Himanshu Soni/23

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(ASHOK KUMAR GAUR),J

Ajeet Kumar Yadav S/O Shri Bhoop Singh Yadav v. State of Rajasthan

Case brief

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Ajeet Kumar Yadav S/O Shri Bhoop Singh Yadav v. State of Rajasthan

Case brief

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