RADHEY SHYAM BENAPURIYA AND ANR v. U.CO.BANK, BASWA AND ORS
CW/2848/2000 · 2025-10-03
Mahendar Kumar Goyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5563 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5563 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:40092] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2848/2000
1. Radhey Shyam Benapuriya Son Of Shri Baboo Lal Benapuriya, age about 65 years, Resident Of Ward No. 13, Bandikui District Dausa.
2. Laxmi Narayan Son Of Shri Nathu Ram Sharma, Resident Of Ward No. 8, Bandikui District Dausa. ----Petitioners Versus
1. U.Co. Bank, Branch Baswa District Dausa Through Its Manager.
2. Up Zilz Collector Up Ziladhish Bandikui And Prescribed Authority, Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974, Bandikui District Dausa.
3. Tehsildar, Baswa District Dausa.
4. Ram Karan
5. Raja Ram
6. Jagdish, Sons Of Ranjeeta Gujar, Resident Of Village Subdawali, Tehsil Baswa, District Dausa.
7. Additional District Judge, Bandikui. ----Respondents For Petitioner(s) : None Present For Respondent(s) : Mr. Munindra Kumar Kaushik with Mr. Ram Ratan Gurjar and Mr. Deepak Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order 03/10/2025 This writ petition is directed against the order dated 01.06.2000 passed by learned Additional District Judge, Bandikui District Dausa dismissing the Civil Miscellaneous Appeal
[2025:RJ-JP:40092] (2 of 3) [CW-2848/2000] no.09/2000 preferred by the petitioners against the order dated 23.03.2000 passed by the Court of Deputy District Collector and Authorized Officer, Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974, as not maintainable. None for the petitioners even in third round. On 07.02.2017, this Court passed the following order:
“Learned counsel for the petitioner prays for and is granted two weeks’ time to bring on record, the legal heirs of petitioner No.1, who has since expired. List the matter after two weeks.” Although, pursuant to the aforesaid order, an application was filed to bring on record the legal representative(s) of the deceased petitioner no.1; but, without vakalatnama rendering it incompetent. Thereafter on 13.07.2022, this Court passed the following
order:
“Learned counsels for the respective sides have submitted that they are not in touch with the parties. The matter pertains to the year 2000. They have further submitted that the petitioners as well as the respondents have died and the Legal Heirs have to be brought on record. They need certain time to prepare the case. As joint request has been made from both the sides, this Court deems it proper to accommodate the same and direct that by the next date of hearing, advanced written submissions be put up and necessary application be filed.
[2025:RJ-JP:40092] (3 of 3) [CW-2848/2000] The matter will be taken up for final disposal. No accommodation will be granted on the next date. List the matter on 01.08.2022.”
On 22.11.2023, this Court passed the following order:
“Counsel for the petitioner submits that the petitioner No.1/1 has expired. He needs two weeks to substitute his legal representatives on the record. Office is directed to retain the matter on the Board.” Till date, no such application has been filed.
Learned counsel Shri Munindra Kumar Kaushik submits that the respondents no.4 and 5 have also expired long back. In view of the aforesaid, it appears that by efflux of time, the petitioners/their legal heir(s) have lost their interest in pursuing the writ petition which is dismissed for non-prosecution. Pending application(s), if any, also stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J DIKSHA /2