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2025 DAILYLAW 32533 (RAJ)

MOHD. ZIA UR RAHIM M. Z RAHEEM SON OF MOHD. ABDURHEEM v. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD. (RIICO)

WRES/1214/2024 · 2025-03-05

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:9745] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Misc. Restoration Application No. 1214/2024 IN S.B. Civil Writ Petition No. 3153/2015 Mohd. Zia Ur Rahim M. Z Raheem Son Of Mohd. Abdurheem, R/o 1617, Khejdoka Rasta, Indira Market, Jaipur, Through Power Of Attorney Holder Mohd. Asif Khan S/o Mohd. Ishrat Khan, Aged About 49 Years, R/o 14-A, Opp. Jalupura, Police Station, Meer Ji Ka Bagh, Jaipur. ----Applicant Versus 1. Rajasthan State Industrial Development And Investment Corporation Ltd. (Riico), Through Its Managing Director, Udhyog Bhawan, Jaipur. 2. The Sr. Regional Manager, Rajasthan State Industrial Development And Investment Corporation Ltd. (Riico) Unit, Jaipur Rural, 22 Godam Industrial Area, Jaipur. ----Respondents For Petitioner(s) : Mr. Ashish Sharma Upadhyay Mr. Jai Kishan Singh For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 05/03/2025 1. Instant restoration application has been filed, seeking restoration S.B. Civil Writ Petition No.3153/2015, which came to be dismissed due to non-prosecution vide order dated 05.03.2024. 2. It has been submitted that earlier petitioner went abroad, hence, he could not give instructions to the erstwhile Advocate, however, the cause of action to continue the writ petition against respondents-RICCO survives, hence, petitioner has filed this [2025:RJ-JP:9745] (2 of 2) [WRES-1214/2024] restoration application, in the light of liberty granted by the Court while dismissing the writ petition vide order dated 05.03.2024. 3. Taking into consideration the aforesaid reasons, 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.3153/2015 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 /94