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2026 DAILYLAW 17422 (RAJ)

KAJOR MAL SHARMA SON OF SHRI RAMDHAN SHARMA v. THE STATE OF RAJASTHAN

WRW/98/2025 · 2026-01-23

Anoop Kumar Dhand

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:3184] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Review Petition (Writ) No.109/2025 In S.B. Civil Writ Petition No.7501/2017 Pushpendra Singh Katela S/o Shri Karan Singh Katela, Aged About 65 Years, R/o 1-L-9, New Housing Board, Stc Colony, Riico Road, Bharatpur. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary Forest Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Principal Chief Conservator Of Forest, Government Of Rajasthan, Van Bhawan, Jaipur. ----Respondents Connected With S.B. Review Petition (Writ) No. 98/2025 In S.B. Civil Writ Petition No.3487/2018 Kajor Mal Sharma Son Of Shri Ramdhan Sharma, Aged About 74 Years, Resident Of Plot No. 18-A, Surya City, Tilak Hospital Ke Peeche, Paldi Meena, Agra Road, Jaipur. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Forest Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Principal Chief Conservator Of Forest, Government Of Rajasthan, Van Bhawan, Jaipur. ----Respondents For Petitioner(s) : Mr. Sandeep Saxena For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order [2026:RJ-JP:3184] (2 of 4) [WRW-109/2025] 23/01/2026 1. Counsel for the petitioners submits that during pendency of the instant review petitions, the petitioner-Kajor Mal Sharma passed away, hence, under these circumstances, interim application No.01/2025 in S.B. Review Petition (Writ) No.98/2025 has been submitted for substitution of the legal representatives of the deceased-petitioner Kajor Mal Sharma on the record. 2. Interim application No.01/2025 in S.B. Review Petition (Writ) No.98/2025 stands allowed for the reasons stated therein. Legal representatives of the deceased-petitioner are ordered to be taken on record. Amended cause title is also ordered to be taken on record. 3. Since common question of law and facts are involved in both these review petitions, hence, the same are being decided by this common order. 4. By way of filing these review petitions, a prayer has been made to recall the order dated 11.02.2025 passed by this Court, while deciding S.B. Civil Writ Petitions No.7501/2017 and 3487/2018 submitted by the petitioners, which have been decided in the light of the judgment passed by the Division Bench of this Court in the case of Sudhindra Kumar Mishra Vs. State of Rajasthan while deciding D.B. Civil Special Appeal (Writ) No.457/2014 on 07.01.2015. 5. Learned counsel appearing on behalf of the petitioners submits that these two writ petitions were not decided on merits, rather the same have been decided on the basis of the judgment passed by the Division Bench of this Court in the [2026:RJ-JP:3184] (3 of 4) [WRW-109/2025] case of Sudhindra Kumar Mishra (supra), however, the aforesaid judgment passed by the Division Bench is not at all applicable in the case of the petitioners, as the facts of their cases are distinguishable. He further submits that the petitioners were compulsorily retired, in terms of the notification dated 05.07.2000, which came into effect on 19.06.2000 and in fact the said notification is not applicable upon the petitioners, as the petitioners have not completed 25 years of service. Counsel submits that the aforesaid notification was applicable in the case of Sudhindra Kumar Mishra (supra), as he had completed 25 years of service after implementation/issuance of the notification. Counsel submits that when the judgment passed by the Division Bench of this Court in the case of Sudhindra Kumar Mishra (supra) was brought into notice of the Court, at the time of arguments, the petitioners were not aware about the above stated facts and under the ignorance of the same, the correct position of law could not be brought into the notice of this Court. Hence, under these circumstances the order dated 11.02.2025 passed by this Court is required to be recalled and the matters are required to be decided on merits. 6. None has put appearance on behalf of the respondents, in-spite of service. 7. Considering the submissions made by counsel for the petitioners and looking to the overall facts and circumstances of the case that the notification as well as the judgment passed by the Division Bench of this Court in the case Sudhindra Kumar Mishra (supra) are not applicable in the facts and [2026:RJ-JP:3184] (4 of 4) [WRW-109/2025] circumstances of the present cases, therefore, under these circumstances, order dated 11.02.2025 passed by this Court is liable to be and is hereby recalled. 8. Accordingly, both the review petitions stand allowed. 9. S.B. Civil Writ Petitions No.3487/2018 and 7501/2017 submitted by the petitioners are ordered to be restored to their original numbers. 10. Office to proceed. (ANOOP KUMAR DHAND),J KuD/15-16