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2025 DAILYLAW 40617 (RAJ)

MUKESH KHAROL v. SECRETARY

CW/15242/2019 · 2025-01-07

Dinesh Mehta

body2025

Judgment text

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[2025:RJ-JD:846] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 15277/2019 Jagdish Prajapat S/o Shri Ratanlal Ji, Aged About 36 Years, Resident Of Village Singawal, Via Vijay Nagar, Tehsil Bhinay, District - Ajmer, Presently Residing At Bhilwada ----Petitioner Versus Secretary, Urban Improvement Trust, Bhilwada, District - Bhilwada, Rajasthan. ----Respondent Connected With (2) S.B. Civil Writ Petition No. 15225/2019 Gopal Lal S/o Shri Devidas Kamad, Aged About 34 Years, Resident Of Building No. 36, Ward No. 7, Jawahar Nagar, Bhilwada (Rajasthan). ----Petitioner Versus Secretary, Urban Improvement Trust, Bhilwada, District - Bhilwada, Rajasthan. ----Respondent (3) S.B. Civil Writ Petition No. 15242/2019 Mukesh Kharol S/o Shri Narayan Lal Kharol, Aged About 38 Years, Permanent R/o Of Village Singawal, Via Vijaynagar, Tehsil Bhinath, District - Ajmer (Rajasthan, Presently Residing At Bhilwara (Rajasthan). ----Petitioner Versus Secretary, Urban Improvement Trust, Bhilwara, District - Bhilwara, Rajasthan. ----Respondent (4) S.B. Civil Writ Petition No. 15429/2019 Prakash Aaswani S/o Shri Vasudev Ji Aaswani, Aged About 38 Years, Resident Of H-678, Neelkamal Colony, Shastri Nagar, Bhilwada (Rajasthan) ----Petitioner Versus [2025:RJ-JD:846] (2 of 3) [CW-15277/2019] Secretary, Urban Improvement Trust, Bhilwada, District- Bhilwada, Rajasthan. ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. Manish Tak (in SBCWP Nos.15277/19, 15242/19 & 15429/19) Mr. Abhimanyu Singh Rathore (in SBCWP No.15225/19) JUSTICE DINESH MEHTA Order 07/01/2025 1. Mr. Tak, learned counsel for the respondent – Urban Improvement Trust (UIT), Bhilwara submitted that the order dated 24.05.2019, which has been challenged by the petitioners in the present writ petitions was also challenged by the respondent – UIT, Bhilwara and the writ petitions so filed were disposed of by the Co-ordinate Bench of this Court vide order dated 25.05.2023 in a bunch of writ petitions led by S.B. Civil Writ Petition No.4524/2023 (Urban Improvement Trust, Bhilwara Vs. Gopal Lal) by observing thus:- “In the considered opinion of this Court, the ends of justice will be met if the writ petitions are disposed of by holding that since the Reference has been answered in favour of the petitioner, however, on an appropriate representation being made by the respondents, the same shall be considered by the petitioner for grant of minimum of the pay scale in light of the judgment of Hon'ble the Supreme Court in the case of Jagjit Singh (supra). It is, therefore, ordered that on an appropriate representation being made by the respondents and other similarly situated persons to the petitioner within a period of one week from today, the petitioner shall consider and decide the same in light [2025:RJ-JD:846] (3 of 3) [CW-15277/2019] of judgments rendered by this Court as well as Hon'ble the Supreme Court particularly in the case of State of Punjab & Ors. Vs. Jagjit Singh & Ors. reported in AIR 2016 SC 5176 at the earliest preferably within a period of four weeks thereafter. If the representation is decided against the respondents, then the petitioner shall pass a speaking and reasoned order to that effect. Learned counsel for the petitioner has also given an undertaking that in the garb of disposal of these writ petitions, the services of the respondents will not be dispensed with. In view of the above, the present writ petitions stand disposed of.” 2. It is submitted by learned counsel that in furtherance of the above referred order dated 25.05.2023, the representations which were filed by the respondents therein, including the present petitioners have been rejected by the UIT, Bhilwara. 3. Learned counsel submitted that in view of the subsequent development, all these writ petitions laying challenge to the order dated 24.05.2019 passed by the Tribunal, have been rendered infructuous, as the order dated 24.05.2019 has ceased to operate/ exist. 4. In view of the submission made, all these writ petitions are dismissed as having become infructuous. 5. The stay applications and other interlocutory application(s) also stand disposed of accordingly. (DINESH MEHTA),J 80 to 83 -Arvind/-