Rajasthan High Court - Jaipur
State Of Raj & Ors vs Mohd Shahid on 25 April, 2017
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Special Appeal Writ No. 26 / 2005
1. State of Rajasthan Through Mining Secretary, Secretariat,
Jaipur
2. Superintendent Mining Engineer, Mines & Geology Department,
Vallabhbari, Kota
3. Mining Engineer, Mines and Geological Department, Bazar No.
1, Post Ramganj Mandi, Kota
4. Assistant Mining Engineer, Mines and Geological Department,
Garh Parishar, Jhalawar
5. District Collector, Jhalawar, Rajasthan
----Appellants
Versus
Mohd. Shahid Son of Shri Abdul Rashid, by Caste Musalman, Aged
About 40 Years, Suket, District Kota
----Respondent
_____________________________________________________ For Appellant(s) : Mr. Rajan Prajapati on behalf of Mr. D.V. Tholia(AAG) _____________________________________________________ HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment 25/04/2017
1. The impugned order dated August 12, 2004 reads as under:-
"The petitioner wants to withdraw the writ petition. The writ petition is dismissed as withdrawn. Looking to the fact that the petitioner is not at fault for late registration, the respondents are directed not to collect the penalty imposed by the respondents pursuant to order dated 03.03.2003."
2. Grievance of the appellant is that once the writ- petitioner i.e. the respondent withdrew the writ petition, the (2 of 2) [SAW-26/2005] learned Single Judge could not have directed that the appellant could not collect the penalty imposed by the appellant in terms of the order which was impugned before the learned Single Judge, being the order dated March 3, 2003.
3. Needless to state once the writ petition was withdrawn the learned Single Judge could not have issued any direction granting relief to the writ-petitioner and that too without recording any reasons.
4. The appeal is allowed. Direction issued against the appellant not to collect the penalty imposed as per the order dated March 3, 2003 is quashed.
(SANJEEV PRAKASH SHARMA)J. (PRADEEP NANDRAJOG),C.J. /KKC/7