Rajasthan High Court - Jaipur
Rajasthan Housing Board Jaipur vs Smt Pushpa Devi And Ors on 16 March, 2012
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH ORDER Rajasthan Housing Board Jaipur Vs. Smt. Pushpa Devi & Others (S.B. Civil Writ Petition No.5179/2007) S. B. Civil Writ Petition under Articles 226 and 227 of the Constitution of India. Date of Order: March 16, 2012. PRESENT HON'BLE MR. JUSTICE ALOK SHARMA Dr. P.C. Jain, for the petitioner. Mr. G.P. Kaushik, for respondents. BY THE COURT:
On request of learned counsel for the petitioner, the service of respondent No.5 is dispensed with.
With the consent of the counsel for the parties, the petition is taken up for final disposal.
This petition has been filed challenging the order dated 3-2-2006 passed by the Civil Judge (Senior Division) & Chief Judicial Magistrate, Jaipur City, Jaipur wherein the Civil Judge (Senior Division) & Chief Judicial Magistrate, Jaipur had recorded the fact that applicant who had moved a reference under Section 18 of the Land Revenue Act, and which reference had been dismissed for non prosecution on 23-8-2002 sought time to file an application for restoration of the reference.
Counsel for the petitioner submits that the order dated 3-2-2006 passed by the Civil Judge (Senior Division) & Chief Judicial Magistrate, Jaipur City, Jaipur is vitiated inasmuch as it is founded upon a wrong construing of the order dated 12-12-2005 passed by this court in S.B. Civil Revision Petition No.175/1997, where under this court had directed the trial court to decide the reference within a period of six months from the receipt of certified copy of the order if the reference was indeed pending. Counsel submits that there was no occasion before the court below to refer to the order dated 12-12-2005, passed by this court in S.B. Civil Revision Petition No.175/1997, as the reference had already dismissed on 23-8-2002, by the trial court for non prosecution.
Counsel for the respondent would submit that even though the order dated 3-2-2006 passed by the Civil Judge (Senior Division) & Chief Judicial Magistrate, Jaipur City, Jaipur refers to the order of this court in S.B. Civil Revision Petition No.175/1997 decided on 12-12-2005, it is apparent from a holistic reading of the said order that the matter was merely adjourned to allow the applicant to move an application for restoration of the reference. Subsequently on 17-2-2006, the restoration application was moved and vide order dated 19-1-2007 the reference was restored to its original number. It is submitted that subsequently, the Rajasthan Housing Board moved an application before the Civil Judge for recall of the order dated 19-1-2007, which application was however dismissed on 15-5-2007. Counsel submits that both these orders dated 19-1-2007 and 15-5-2007 have not been challenged and have attained finality. It is submitted that consequently this petition should be dismissed and the reference be allowed to be decided on merits.
Heard learned counsel for the parties, and perused the material available on record of writ petition.
Having considered the submissions of learned counsel for the parties, It is apparent that the reference filed by the applicant (respondent herein) was dismissed for non prosecution on 23-8-2002, and already had been restored vide order dated 19-1-2007. An application moved by the Rajasthan Housing Board for recall of the order dated 19-1-2007 was also dismissed by the trial court on 15-5-2007. These orders are not under challenge. Therefore, there is no occasion to interfere in the order dated 3-2-2006, which in any event of the matter did not decide any rights of the parties and merely allowed the applicants to move an application for restoration of the reference.
There is no force in the writ petition, and the same is dismissed.
(Alok Sharma),J.
arn/ All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.