[2026:RJ-JP:20293-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Application No. 70/2024 IN D.B. Civil Writ Petition (PIL) No.9296/2023 1. Himanshu Rajoria Son Of Shri Sharad Chand Rajoria, Resident Of House No. 09, Behind P.w.d. Office, Hasanpura, Jaipur. 2. Azhar Khan Son Of Anwar Husen, Resident Of Khatipura Road, Bariya House Ke Pichche, Kamla Nehru Nagar, Hasanpura-C, Jaipur, Rajasthan-302006. 3. Dimple Khandelwal Wife Of Mahendra Kumar Khandelwal, Resident Of House No. 10, Rajoriya School Ke Pas, Pwd Ke Pichche, Hasanpura-C, Jaipur. 4. Meera Khandelwal Wife Of Arun Khandelwal, Resident Of House No. 10, Govind Bazar, Pwd Ke Pichche, Hasanpura- C, Jaipur, Rajasthan-302006. 5. Parveen Daughter Of Shekh Salim, Resident Of Hasanpura, Jaipur, Rajasthan-302006. 6. Sadiya Bano Wife Of Anwar Hussain, Resident Of House No. 11, Kamla Nehru Nagar, Behind Wanya House, Hasanpura-C, Jaipur, Rajasthan-302006. 7. Tahir Hussain Ansari Son Of Shah Mohammad, Resident Of 267, Kamla Nehru Nagar, Hasanpura-C, Jaipur, Rajasthan- 302006 8. Shaheen Bano Wife Of Anwar Hussain, Resident Of Kamla Nehru Nagar, Behind Bariya House, Khatipura Road, Hasanpura-C, Jaipur, Rajasthan- 302006. 9. Sushila Devi Khandelwal Wife Of Lallu Prasad Khandelwal, Resident Of 10, Rajosiya School Ke Pas, Hasanpura C, Ajmer Road, Station Road, Jaipur. 10. Mohammad Salman Son Of Shri Anwar Husen, Resident Of 11, Khatipura Road, Bairiya House Ke Pichche, Kamla Nehru Nagar, Hasanpura-C, Jaipur, Rajasthan- 302006. 11. Basanti Devi Wife Of Ramesh Chand, Resident Of Hasanpura Khatipura Marg, Bairiya House Ke Pichche, Jaipur R S, Jaipur, Rajasthan- 302006. 12. Lallu Prasad Khandelwal Son Of Shri Jagannath [2026:RJ-JP:20293-DB] (2 of 4) [WMAP-70/2024] Khandelwal, Resident Of 10, Rajoriya School Ke Pas, Pwd Ke Pichche, Hasanpura C, Jaipur, Rajasthan- 302006. 13. Mukesh Kumar Son Of Shri Ramesh Chandra, Resident Of 10, Hasanpura Khatipura Marg, Bairiya House Ke Pichche, Jaipur R S, Jaipur, Rajasthan-302006. 14. Arun Kumar Khandelwal Son Of Shri Ramesh Chand, Resident Of 10, Govind Bazar, Hasanpura-C, Jaipur. 15. Pushpa Sharma Wife Of Narendra Kumar Sharma, Resident Of 11, Bariya House Ke Pichche, N.b.c. Road, Hasanpura-C, Ajmer Road, Jaipur, Rajasthan- 302006. 16. Ravi Prakash Rajoria Son Of Shri Tara Chand Rajoria, Resident Of Kamla Neharu Nagar, Hasanpura-C, 115, Rajoria Bhawan, Behind Pwd Office, Jaipur, Rajasthan 302006. 17. Mahendra Kumar Khandelwal Son Of Shri Lallu Prasad Khandelwal, Resident Of 10, Kamla Nehru Nagar, Hasanpura-C, Jaipur, Rajasthan 302006. 18. Afsana Khatoon Wife Of Tahir Husain, Resident Of Plot No. 11, Kamla Nehru Nagar, Bairiya House Ke Pichche, Hasanpura- C, Jaipur, Rajasthan-302006. 19. Narendra Kumar Sharma Son Of Shri S.k. Sharma, Resident Of 11, Govind Bazar, N.b.c. Hasanpura-C, Kukund Marg, Jaipur R.s., Rajasthan- 302006. ----Applicantss Versus 1. State Of Rajasthan, Through Principal Secretary, Public Works Department, Secretariat, Jaipur. 2. The Mayor, Nagar Nigam Jaipur Heritage, Jaipur. 3. The Commissioner, Jaipur Development Authority, Jln Marg, Jaipur. 4. District Collector, Jaipur. 5. Chief Engineer, Public Works Department, Wing-A, Pwd Head Office, 170, Kamla Nehru Nagar, Ganpati Nagar, Jaipur, Rajasthan-302007. 6. Jai Kumar Sharma S/o Devilal Sharma, Aged About 43 Years, R/o Plot No. 12, Hasanpura-C, Behind Baria House, Nbc Road, Jaipur- 302006. ----Respondents [2026:RJ-JP:20293-DB] (3 of 4) [WMAP-70/2024] For Applicants(s) : Mr. R.B. Mathur, Senior Counsel assisted by Mr. Nikhil Simlolte & Mr. Salim Khan. For Respondent(s) : Mr. G.S. Gill, AAG assisted by Ms. Shikha Sharma. Mr. Nirmala Kushwah. Mr. Ram Niwas Saini. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 13/05/2026 Heard on the application for recalling of the order dated 02.09.2023 passed by this Court. The recalling application has been filed by the affected persons. On 04.09.2024 after hearing the affected persons this Court passed the following order:- “This application has been filed by applicant - Jai Kumar Sharma on the submission that the writ petitioners knowing fully well about passing of decree in favour of the applicant, filed writ petition suppressing the material facts and thereby have committed act of mischief and fraud upon the Court. It is submitted by Mr. R.B. Mathur, learned Senior Advocate appearing on behalf of the applicant that the land in question was subject matter in a civil suit and decree was passed in favour of the plaintiff therein namely Babulal (since deceased and uncle of the applicant). This fact was completely suppressed by the writ petitioners while filing the writ petition. Some of the writ petitioners are successors of the defendants in the suit wherein decree was passed. In sum and substance, submission is that suppressing the fact regarding decision in civil suit concerning land in question, writ petition was filed and this Court disposed off [2026:RJ-JP:20293-DB] (4 of 4) [WMAP-70/2024] the writ petition with direction without it being brought to the notice of the Court that the land in question is not public land, but private land. Issue notice to petitioners No. 1 to 19 and Respondent No. 2and 5 by ordinary post as well as registered post on payment of P.F. within one week, returnable within four weeks. List this matter after six weeks. Till the next date of hearing, none of the authorities including Chief Engineer, Public Works Department or Municipal Corporation, Jaipur Heritage, Jaipur or any of its authorities shall proceed further in the matter. Effect and operation of order dated02.09.2023 passed in D.B. Civil Writ (PIL) No. 9296/2023 is stayed until further orders.” Having heard counsel for the parties and upon perusal of the material available on record, we find that prior to passing of the order dated 02.09.2023, the affected persons were not afforded an opportunity of hearing. In view of the above, the application is allowed. Consequently, the order dated 02.09.2023 passed by this Court stands recalled and the main petition i.e., D.B. Civil Writ Petition (PIL) No.9296/2023, is restored to its original number. (ASHUTOSH KUMAR),J (INDERJEET SINGH),J MG/01