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2025 DAILYLAW 4999 (RAJ)

RAJESH GUPTA v. STATE OF RAJASTHAN

WMAP/40/2024 · 2025-02-06

Mahendar Kumar Goyal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:5432] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 40/2024 IN S.B. Civil Writ Petition No. 19853/2012 1. Rajesh Gupta, Aged About 75 Years, Partner Of The Firm M/s. Hindustan Asbestos Cements Products, Bharatpur, S/o Shri Harish Chand Gupta, Aged About 75 Years, R/o B-22, Shiv Marg, Bani Park, Jaipur (Rajasthan). 2. M/s. Hindustan Asbestos Cements Products, B-11 And B- 12, Industrial Area, Bharatpur (Rajasthan). ----Petitioners/Applicants Versus 1. State Of Rajasthan, Through Estate Officer- Cum- Additional Collector, Bharatpur (Rajasthan). 2. Rajasthan Industrial Development And Investment Gorporation Limited, Head Office, Udhyog Bhawan, Tilak Marg, Through Its Officer-In-Charge And Regional Manager, Riico Ltd., Brij Industrial Area, Bharatpur. ----Respondents For Petitioner(s) : Mr. Dinesh Bishnoi For Respondent(s) : Mr. Jitendra Mishra HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 06/02/2025 This miscellaneous application is filed by the petitioners seeking recalling of the order dated 09.11.2023 whereby, the writ petition filed by them came to be dismissed as infructuous on their statement. Learned counsel for the applicants/petitioners submits that, as a matter of fact, on 09.11.2023 two writ petitions wherein, Shri Nitesh Pareek was counsel, were listed before this Court including [2025:RJ-JP:5432] (2 of 2) [WMAP-40/2024] the present one and the another writ petition no.1368/2012 listed at serial number 686 was rendered infructuous; but, on account of a bona fide error, the instant writ petition came to be dismissed as infructuous on his statement. He submits that the S.B. Civil Writ Petition No.1368/2012 came to be dismissed as infructuous vide order dated 21.12.2023. Learned counsel further submits that the subject writ petition was not rendered infructuous and the cause of action still survives. Learned counsel for the respondents does not dispute the aforesaid factual position. In view thereof, this application is allowed. The order dated 09.11.2023 is recalled and the writ petition is restored to its original number. (MAHENDAR KUMAR GOYAL),J PRAGATI/180