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2025 DAILYLAW 19332 (RAJ)

MAWLIA ENTERPRISES v. THE STATE OF RAJASTHAN

WMAP/100/2025 · 2025-05-20

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:21504] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 100/2025 In S.B. Civil Writ Petition No. 7034/2025 1. Mawlia Enterprises, Through Its Director Harlal Singh S/o Bhagwana Ram, R/o Ward No. 2, Gudhagorji, Raghunathpura, Jhunjhunu, Rajasthan. (Registered Owner Of Vehicle No. RJ18GC4944) 2. Ganesh Construction Company, C/o Rajesh Mandiwal S/o Ramkaran Singh, Aged About 47 Years, R/o Road No. 3, Opposite Gill Hospital, Qureshi Gali, Jhunjhunu, Rajasthan. (Registered Owner Of Vehicle Nos. RJ18GC3668, RJ18GC4040, RJ18GC5546, RJ18GC5547, RJ18GC4039, RC18GB5713, RJ18GB5712, RJ18GB4942, RJ18GB3650, RJ18GB1813 and RJ18GC4522) 3. Surya Enterprises, Through Its Director Krishna Kanwar W/o Govind Singh, Aged About 34 Years, R/o Man Singh Ki Dhani, Ward 11, Gudhagorjika, Jhunjhunu, Rajasthan. (Registered Owner Of Vehicle No. RJ18GC5161) 4. Brijmohan Singh S/o Raghuveer Singh, Aged About 39 Years, R/o Deeppura, Jhunjhunu, Udaipurwati, Rajasthan (Registered Owner Of Vehicle No. RJ23GB7702). 5. B Quick Logistics, Through Its Director Devilal Dhayal S/o Mahavir Singh, Aged About 32 Years, R/o Dhaylon Ka Bass, Kari, Jhunjhunu, Rajasthan. (Registered Owner Of Vehicle No. RJ18GD7771) ----Applicants/Petitioners Versus 1. The State Of Rajasthan, Transport Department Of Rajasthan Through Secretary, Secretariat, Jaipur, Rajasthan. 2. Department Of Mining And Geology, Government Of Rajasthan Through Joint Secretary, Secretariat, Jaipur, Rajasthan. 3. District Transport Officer, Jhunjhunu, Rajasthan. ----Non-Applicants/Respondents [2025:RJ-JP:21504] (2 of 3) [WMAP-100/2025] For Petitioner(s) : Mr. Mohit Balwada, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/05/2025 The instant misc. application has been filed on behalf of the petitioners seeking modification in the order dated 07.05.2025 passed in S.B. Civil Writ Petition No.7034/2025. Learned counsel for the petitioners submits that the controversy involved in the aforesaid writ petition has already been decided vide order dated 25.07.2024 passed in D.B. Special Appeal Writ No.253/2024 : M/s AK Jilshan Cont vs State of Rajasthan & Ors. but inadvertently, petitioners submitted their representation before the respondents to consider their cases in light of directions issued by Coordinate Bench of this Court in SBCWP No.1964/2022 : Zabir Khan vs. State of Rajasthan & Ors., instead of observations made in order dated 25.07.2024 passed in DBSAW No.253/2024 : M/s AK Jilshan Cont vs State of Rajasthan & Ors. He submits that vide order dated 07.05.2025, while disposing of this writ petition, directions have been issued to the concerned authority to decide the pending representation in light of Zabir Khan (supra) whereas the representation has to be decided in light of the order dated 25.07.2024 passed in DBSAW No.253/2024 : M/s AK Jilshan Cont vs State of Rajasthan & Ors. [2025:RJ-JP:21504] (3 of 3) [WMAP-100/2025] He thus prays for correction/modification in the order dated 07.05.2025. The prayer made for correction/modification is justified and hence accepted. Accordingly, instead of directions given in order dated 07.05.2025 for deciding pending representation of the petitioners in light of the order passed in the case of Zabir Khan (supra), it is hereby directed to concerned authority to decide the representation submitted by the petitioners in light of order passed in the case of M/s AK Jilshan Cont (supra) in accordance with law within a period of 30 days from the date of receipt of this order. The application stands allowed. This order may be treated part and parcel of the order dated 07.05.2025. (ANIL KUMAR UPMAN),J MADAN/119