SHIV NAGAR- A, VIKAS SAMITI v. THE STATE OF RAJASTHAN
WRES/370/2024 · 2025-05-02
Anand Sharma, Shree Chandrashekhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11085 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11085 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:18572-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Writ Restoration Application No. 370/2024 In D.B. Special Appeal (Writ) No.1443/2018 In S.B. Civil Writ Petition No.8991/2006
1. Shiv Nagar-A, Vikas Samiti, Harnathpura, Jhotwara Jaipur Through Its Secretary, Gopalswaroop Sharma S/o Shri Brij Swaroop Sharma, R/o Plot No. 98, Shiv Nagar-A, Harnathpura, Jaipur (Raj.). At Present Assistant Secretary Shri Laxman Singh S/o Shri Sahab Singh, R/o 194, Shiv Nagar-A, Harnathpura, Jaipur (Raj.). 2. Laxman Singh S/o Shri Sahab Singh, R/o Plot No. 194, Shiv Nagar-A, Harnathpura, Jaipur (Raj.). ----Petitioners Versus
1. The State of Rajasthan, Through Its Secretary, Local Self Department, Secretariat, Jaipur. 2. The Commissioner, Jaipur Development Authority, Jaipur. 3. The Secretary, Jaipur Development Authority, Jaipur. 4. Dy. Commissioner, Zone-VII, Jaipur Development Authority, Jaipur. 5. The Appellant Authority, Jaipur Development Authority, Jaipur. 6. Shri Gopal Takhar S/o Shri Mangilal Takhar, Aged About 44 Years, R/o Plot No. 22, Tara Nagar, Jhotwara, Jaipur. 7. Smt. Geeta Takhar, W/o Shri Gopal Takhar, R/o Plot No. 22, Tara Nagar, Jhotwara, Jaipur. 8. Smt. Shamin Bano W/o Shri Nawab Ali Khan, R/o 70, Alpana Colony, Khatipura, Jaipur. 9. Smt. Anwar Bano W/o Shri Bhawaroo Khan, R/o 70, Alpana Colony, Khatipura, Jaipur. 10. Prabhu Singh Rathore S/o Shri Bhanwar Singh Rathore, R/o Plot No. 45, Shiv Nagar A, Harnathpura, Jaipur. 11. Shri Ram Kishan Sharma S/o Shri Radhey Shyam
[2025:RJ-JP:18572-DB] (2 of 3) [WRES-370/2024] Sharma, R/o Plot No. 68, Shiv Nagar A, Harnathpura, Jaipur. 12. Shri Narayan Singh Rajawat S/o Shri Dewat Singh Rajawat, Plot No. 226, Shiv Nagar A, Harnathpura, Jaipur. ----Respondents For Petitioner(s) : Mr. Rakesh Chandel, Adv. on behalf of Mr. Poonam Chand Bhandari, Adv. For Respondent No.9 :
Mr. Zaid Khan, Adv. HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE ANAND SHARMA Order 02/05/2025 D.B. Civil Misc. Application No.438/2024: This application under Section 5 of the Limitation Act has been filed to condone the delay of 822 days in filing the Writ Restoration Application. 2. In view of the submissions made in this application, D.B. Civil Misc. Application No.438/2024 is allowed and the delay of 822 days in filing the Writ Restoration Application is condoned. D.B. Writ Restoration Application No. 370/2024: This Writ Restoration Application has been moved seeking restoration of D.B. Special Appeal (Writ) No.1443/2018. 2. On 10th November 2021, the aforesaid Special Appeal was dismissed for the following reason:
“Learned
counsel
for
the appellants pleads no instructions.
Appeal is dismissed for want of prosecution with liberty to revive.”
3. Mr. Rakesh Chandel, the learned counsel for the applicants-petitioners in D.B. Special Appeal (Writ) No.1443/2018
[2025:RJ-JP:18572-DB] (3 of 3) [WRES-370/2024] submits that during the period when Special Appeal came to be listed before this Court, the appellant No.2 was unwell and therefore could not provide necessary instructions to his counsel. 4. For the reasons stated in the restoration application, D.B. Writ Restoration Application No. 370/2024 is allowed. 5. Consequently, D.B. Special Appeal (Writ) No.1443/2018 is restored to its original record. (ANAND SHARMA),J (SHREE CHANDRASHEKHAR),J AMIT/27