Application filed for recall of a prior order in a writ petition. The court allowed the application, recalled the previous order, and restored the writ petition to its original number for adjudication on merits.
Order dated 09.05.2024 recalled; Writ Petition restored to original number.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Writ Miscellaneous Application No.235/2024
In
S.B. Civil Writ Petition No.8335/2019
Amar Lal S/o Kanhaiya Lal, Aged About 50 Years, R/o Sultanpur, Tehsil Deegod, District Kota Deceased Through His Legal Heirs-
All R/o Ward No. 9, Sultanpur, Tehsil Deegad District Kota.
----Petitioners
Versus
3/1. Mangli W/o Late Shri Prabhulal, R/o Gram Sultanpur, Tehsil Deegod, District Kota.
3/2.Manni Bai D/o Late Shri Prabhulal, R/o Gram Sultanpur, Tehsil Deegod, District Kota.
3/3.Devishankar S/o Late Shri Prabhulal, R/o Gram Sultanpur, Tehsil Deegod, District Kota.
3/4.Mahendra Kumar S/o Late Shri Prabhulal, R/o Gram Sultanpur, Tehsil Deegod, District Kota.
3/5.Kishore D/o Late Shri Prabhulal, R/o Gram Sultanpur, Tehsil Deegod, District Kota.
----Respondents
(2 of 2) [WMAP-235/2024]
For Petitioner(s) : Mr. Amit Jindal For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order
05/12/2024
The instant application has been filed for recall of the order dated 09.05.2024 passed by this Court in SB Civil Writ Petition No.8335/2019.
Counsel submits that the cause of action still survives with the petitioner to continue with the aforesaid petition and the same has not become infructuous. Counsel submits that the matter is required to be adjudicated on its merits.
Application stands allowed for the reasons stated therein. The order dated 09.05.2024 stands recalled. S.B. Civil Writ Petition No.8335/2019 is restored to is original number.
Office to proceed.
(ANOOP KUMAR DHAND),J
KuD/17
1 issue framed by the court
Whether the writ petition remains maintainable and requires adjudication on merits despite an earlier order?
Mal Chand (Son) & Ors.
Gram Panchayat, Sultanpur, Through Sarpanch
State Of Rajasthan, Through District Collector, Kota
Mangli W/o Late Shri Prabhulal & Ors.
ANOOP KUMAR DHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
