Rajasthan High Court - Jaipur
Indian Medical Trust &Anr; vs Dr Balveer Singh Tomar&Anr; on 24 March, 2017
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Writ Miscellaneous Application No. 92 / 2017
1. Indian Medical Trust (Charitable Public Trust), Through Dr.
Anurag Tomar, Son of Dr. Balveer Singh Tomar, by Caste Rajput,,
Aged About 42 Years, 4, Govind Marg, Jaipur. Managing Trusty,
Indian Medical Trust (Charitable Public Trust) Reg. Office - 4,
Govind Marg, Jaipur
2. Dr. (Smt.) Shobha Tomar Wife of Dr. Balveer Singh Tomar, by
Caste Rajput,, Aged About 62 Years, 4, Govind Marg, Jaipur. Vice-
chairman Indian Medical Trust (Charitable Public Trust) Reg. Office
- 4, Govind Marg, Jaipur
----Petitioners
Versus
1. Dr. Balveer Singh Tomar Son of Late Shri Hotam Singh Tomar,
by Caste Rajput,, Aged About 66 Years, 4, Govind Marg, Jaipur.
Chairman Indian Medical Trust (Charitable Public Trust) Reg. Office
- 4, Govind Marg, Jaipur
2. Presiding Officer, Assistant Commissioner (First), Devsthan
Department, Mandir Shri Ram Chanderji,, Opp. Old Vidhansabha,
Jaipur
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. S.D. Khaspuria. For Respondent(s) : Mr. Ashok Gaur, Senior Counsel Assistant by Mr. Achintya Kaushik.
____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Order 24/03/2017 This application has been filed by the applicants for recall of the order dated 09.02.2017. Learned counsel for the applicants submitted that the applicants withdrew the writ petition on 09.02.2017 considering the development that the respondent no.1 had applied for withdrawal of the application filed by him under Section 24 of the Rajasthan Public Trust Act 1959, before the (2 of 2) [WMAP-92/2017] Assistant Commissioner (First) Devsthan Department, Jaipur. But the respondent played a mischief by filing a fresh application on 15.02.2017 before the Assistant Commissioner (First), Devsthan Department, Jaipur, seeking permission to withdraw his earlier application and pursue the matter on merits.
Learned counsel for the petitioner therefore prays that the order of this court dated 09.02.2017 dismissing the writ petition, be re-looked for necessary rectification/modification to safeguard and protect legal and constitutional right of the petitioners.
Since the petitioner has withdrawn the writ petition in view of the application filed by the respondent to withdraw the proceedings under Section 24 of the Rajasthan Public Trust Act pending before the Assistant Commissioner (First), Devsthan Department, Jaipur, and the respondent has now decided to pursue the earlier application, instead of reviving the writ petition, it would be open to the petitioner to file fresh writ petition raising his grievance by also highlighting conduct of the respondent.
The application is disposed off.
(MOHAMMAD RAFIQ) J.
Mohit Grover Sr.No.74.