High CourtsSingle Bench(2020) 01 RAJ CK 0325

Lalchand And Ors vs Babulal And Ors

Rajasthan High Court · Decided on 27 January 2020

HON’BLE JUDGES
Inderjeet Singh, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 16248 Of 2018

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Judgment

6 paragraphs · 265 words

Heard on the application No.01/2019 under Article 226(3) of the Constitution of India for vacation of the interim order dated 30.10.2018 passed by this Court.

Counsel for the petitioners submits that the petitioners have not informed to him regarding filing of the appeal before the District Collector, Sikar, therefore, this writ petition was filed by him.

Counsel for the respondents submits that the writ petition was filed by the petitioners on 18.07.2018 against the order dated 14.06.2018 passed by the Sub-Divisional Magistrate, Sikar. Counsel further submits that the petitioners have not approached this Court with clean hands and concealed the fact regarding filing of appeal by them before the District Collector, Sikar against the order passed by the SDM, Sikar, dated 14.06.2018. Counsel further submits that the appeal filed by the petitioners was also dismissed by the District Collector, Sikar on 14.08.2018 and lastly, prayed for vacating the interim order passed by this Court dated 30.10.2018.

Heard counsel for the parties and perused the record. Considering the facts and circumstances of the present case and also the fact that the petitioners have concealed the fact regarding filing of appeal by them against the order dated 14.06.2018 before the District Collector, Sikar, therefore, I deem it just and proper to vacate the interim order passed by this Court dated 30.10.2018.

In that view of the matter, the application under Article 226(3) of Constitution of India stands allowed and the interim order passed by this Court dated 30.10.2018 is hereby vacated.

List this writ petition along with S.B. Civil Writ Petition No. 28/2020 for admission on 27.02.2020.