M/S DUTTATREY BUILD INDIA PVT. LTD. v. STATE OF RAJASTHAN
WRES/1151/2024 · 2025-02-17
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31452 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31452 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:6960] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Restoration Application No. 1151/2024 IN S.B. Civil Writ Petition No. 20531/2023 M/s Duttatrey Build India Pvt. Ltd., Office At - R-566, Saket Colony, Moda Balaji Road, Dausa, Rajasthan Through Director - Jagdish Prasad Sharma Son Of Late Shri Ramniwas Sharma. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Public Works Department, Government Secretariat, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Superintending Engineer, Public Works Department, City Circle, Jaipur.
3. Shri A.n. Rawat , Executive Engineer, Public Works Department, City Division-Ii, Pwd Building, Jacob Road, Opposite Jaipur Club Ltd. Civil Lines , Jaipur. ----Respondents For Petitioner(s) : Mr. Siddharth Bapna For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order 17/02/2025
1. Instant restoration application has been filed, seeking restoration S.B. Civil Writ Petition No.20531/2023, which came to be dismissed due to non-compliance of peremptory order dated
09.07.2024.
2. It has been submitted by counsel for applicant that due to bona fide mistake, notices by both modes in compliance of the
order dated 09.07.2024 were not filed, however, he undertakes to
[2025:RJ-JP:6960] (2 of 2) [WRES-1151/2024] file requisite PF and notices soon after restoration of the writ petition.
3. This Court finds that non filing of requisite PF and notices seems to be gross negligence on the part of the petitioner, since the stay order dated 09.07.2024 was passed conditionally, however, in the interests of justice and taking into consideration the undertaking of counsel for applicant to file PF and notices, this Court deems it just and proper to allow the instant application, subject to deposition of cost.
4. Accordingly, the instant restoration application is allowed and S.B. Civil Writ Petition No.20531/2023 is allowed to be restored to its original number, subject to condition of deposition of a cost of Rs.2,000/- with the Litigants Welfare Fund through Banker’s Cheque/ DD in the name of Registrar General LWFA, Rajasthan High Court within a period of two weeks. Receipt of deposition of cost amount be placed in the file. However, in case of non- deposition of cost amount within the stipulated time period, as
directed hereinabove, the restoration application be treated as dismissed.
(SUDESH BANSAL),J SOURAV /75