[2025:RJ-JP:24526] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 54/2025 In S.B. Civl Writ Petition No.10513/2022 Jagdish Prasad S/o Shri Gilya Ram, Aged About 88 Years, R/o Village Bahedko Kalan, Tehsil Raini, District Alwar. ----Petitioner-Applicant Versus 1. Prabhu S/o Bhorya Lal, R/o Bahedko Kalan, Tehsil Raini, Distt. Alwar (Died Through His Legal Representatives) 1/1. Narbada W/o Late Prabhu Dayal, R/o Bahedko Kalan, Tehsil Raini, Distt. Alwar. Presently Residing At Kali Mori Phatak, Purana Moti Nagar, Near Ganda Nala, Alwar. 1/2. Hari Om S/o Late Prabhu Dayal, R/o Bahedko Kalan, Tehsil Raini, Distt. Alwar. Presently Residing At Kali Mori Phatak, Purana Moti Nagar, Near Ganda Nala, Alwar. 1/3. Gajanand S/o Late Prabhu Dayal, R/o Bahedko Kalan, Tehsil Raini, Distt. Alwar. Presently Residing At Kali Mori Phatak, Purana Moti Nagar, Near Ganda Nala, Alwar. 2. Badri Prasad S/o Shri Bhonrya Lal, R/o Bahedko Kalan, Tehsil Raini, District Alwar. Presently Residing At Kali Mori Phatak, Purana Moti Nagar, Near Ganda Nala, Alwar. Respondents-Plaintiffs-Non-Applicants 6. State of Rajasthan, Through Collector, Alwar. 7. Tehsildar, Raini, Distt. Alwar. ----Respondents-Non-Applicants For Petitioner(s) : Mr. S.L. Kumawat For Respondent(s) : None present HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 03/07/2025 [2025:RJ-JP:24526] (2 of 3) [WMAP-54/2025] This application has been filed for recalling the order dated 27.01.2025 passed by this Court whereby, the writ petition preferred by the petitioner/applicant (for brevity “the applicant”) was disposed of in following terms:- “This writ petition is disposed of in following terms as agreed and requested by learned counsels for the respective parties: The Revenue Suit No.01/390/2018: Prabhudayal and Anr. Vs. State of Rajasthan and Ors. and Suit No.01/389/2018: Jagdish Prasad Vs. State of Rajasthan and Anr. are clubbed together for common trial and disposal. Pending application, if any, also stands disposed of.” Learned counsel for the applicant, relying upon a copy of the judgment dated 23.09.2022 (Annexure-2) passed in Revenue Suit No.1/389/2018: Jagdish Prasad & Anr. versus State of Rajasthan & Anr., would submit that since, that suit was already decided before the order dated 27.01.2025 was passed, the order is rendered nugatory and it is required to be recalled. He, therefore, prays that the application be allowed, the order dated 27.01.2025 be recalled and the SB Civil Writ Petition No.10513/2022 be restored to its original number. None appears for the non-applicants/respondents despite service. Heard. Considered. [2025:RJ-JP:24526] (3 of 3) [WMAP-54/2025] The writ petition filed by the petitioner/non-applicant was disposed of by this Court vide order dated 27.01.2025 in the aforesaid terms as agreed and requested by the learned counsels for the respective parties. However, at that time, it was not brought to notice of this Court that one of revenue suits bearing No.1/389/2018 was already decided by the Revenue Court vide judgment and decree dated 23.09.2022. Since, disposal of one of the revenue suits has bearing on the issue involved in the writ petition preferred by the petitioner/applicant wherein, rejection of his application seeking his impleadment under Order 1 Rule 10 CPC in the another revenue suit No.1/390/2018 was under challenge, the application deserves to be allowed. Accordingly, the application is allowed. The order dated 27.01.2025 is recalled and the SB Civil Writ Petition No.10513/2022 is restored to its original number. (MAHENDAR KUMAR GOYAL),J Manish/284