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2025 DAILYLAW 35146 (RAJ)

ASSISTANT ENGINEER v. SMT GIRDHAR KAUR WIDOW OF LATE SH. SURENDRA SINGH

WMAP/1/2025 · 2025-03-27

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 1/2025 In S.B. Civil Writ Petition No.8849/2019 Assistant Engineer ----Petitioner Versus Smt Girdhar Kaur Widow Of Late Sh. Surendra Singh & Ors. ----Respondents For Petitioner(s) : Mr. Bipin Gupta For Respondent(s) : Mr. Dinesh Chand Gupta Mr. Hemraj for Mr. Naresh Kumar Singhal JUSTICE ANOOP KUMAR DHAND Order 27/03/2025 1. Matter comes up on the application for recalling of the order dated 22.04.2024 passed by this Court in S.B. Civil Writ Petition No.8849/2019, by which the writ petition was dismissed by treating the same as infructuous. 2. Counsel for petitioner submits that no such mention/ prayer was made by him when the order dated 22.04.2024 was passed by this Court. Counsel submits that some other counsel might have done the wrong mentioning with regard to the instant petition and considering his flawed mentioning, the said order has been passed. Counsel submits that important question of law and facts are involved in the writ petition submitted by the petitioner, wherein an interim order was passed by this Court, after hearing the other side. Counsel submits that the matter is required to be heard and (2 of 2) [WMAP-1/2025] decided on its merits/ demerits, hence under these circumstances, the order dated 22.04.2024 be recalled. 3. Counsel for respondents has no objection. 4. Considering the above arguments raised by the counsel for petitioner, the order dated 22.04.2024 stands recalled and the instant application stands allowed. 5. Accordingly, S.B. Civil Writ Petition No.8849/2019 is restored to its original number. 6. Office to proceed. (ANOOP KUMAR DHAND),J RONAK JAIMAN/48