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2025 DAILYLAW 28074 (RAJ)

THE SECRETARY, FISHERIES AND ANIMAL HUSBANDRY DEPARTMENT v. MANAK LAL KUMAWAT (DECEASED) S/O LATE SHRI UDAI LAL KUMAWAT

WRES/540/2025 · 2025-09-09

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:36235] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Restoration Application No. 540/2025 In S.B. Civil Writ Pettion No. 9554/2024 1. The Secretary, Fisheries And Animal Husbandry Department, Secretariat, Jaipur. 2. The Special Finance Secretariat, Finance (Budget) Secretariat, Jaipur. 3. The Commissioner, Fisheries Department, Pashu Dhan Bhawan, Tonk Road, Jaipur. 4. The Joint Director, Pension And Pensionary Welfare Department, Udaipur. ----Petitioners Versus Manak Lal Kumawat (Deceased) S/o Late Shri Udai Lal Kumawat, Through Gayatri Devi (Legal Representative) W/o Manak Lal Kumawat Aged About 68 Years R/o Gayatri Nagar, Nagar Palika Colony Chittorgarh ----Respondent For Petitioner(s) : Mr. Aayush Mali, Dy.G.C For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 09/09/2025 1. Learned counsel for the petitioners submits that on account of non-compliance of peremptory order dated 12.02.2025, whereby directions were given to remove the defects pointed out by the Registry within a period of three weeks, failing which the writ petition was liable to dismissed without further reference to the Court, the Registrar (Judicial) has recorded the formal order for dismissal of the writ petition on 04.04.2025. [2025:RJ-JP:36235] (2 of 2) [WRES-540/2025] 2. Learned counsel for the petitioners submits that as nobody has appeared on behalf of the petitioners on 12.02.2025, therefore, the petitioners have no knowledge with regard to peremptory order hence, compliance could not be made by the petitioners. 3. On perusal of the record it reflects that earlier also similar peremptory order was passed by the Coordinate Bench of this Court on 25.07.2024 and when it was not complied with, the petition was dismissed for non prosecution however, the same was restored vide order dated 02.12.2024 on payment of cost. Even thereafter till date, defects have not been removed and the petition was dismissed in default again. 4. However, in the interest of justice, one more opportunity is granted to the petitioners. The orders dated 12.02.2025 & 04.04.2025 are recalled and the writ petition is restored at its original number upon depositing the cost of Rs.5000/- in the office of Secretary, Rajasthan Legal Service Authority, Jaipur with the condition that the defects pointed out in the original writ petition shall be cured by the petitioner within a period of 7 days from today. (ANAND SHARMA),J NEERU/21