Rajasthan High Court - Jodhpur
Lrs. Of Manphool Ram & Ors vs State Of Raj. Thro Colle. Churu & Ors on 8 September, 2009
Bench: Jagdish Bhalla, Prakash Tatia
D.B. CIVIL SPECIAL APPEAL NO.486/2002
LRs of Manphool Ram
vs
State of Rajasthan & Ors.
DATE OF ORDER : 8.9.2009
HON'BLE CHIEF JUSTICE SHRI JAGDISH BHALLA
HON'BLE JUSTICE SHRI PRAKASH TATIA Mr.AK Rajvanshy,for the appellant.
Mr.Sandeep Bhandawat, for the respondent.
<><><> Heard learned counsel for the parties. The writ petition was disposed of by learned Single Judge on the ground that the compromise has arrived at between the parties and in such circumstances, a liberty was granted to the parties to approach the competent authority for regularizing the land in question as per impugned circular issued by the State Government.
From the perusal of the judgment, it is crystal clear that no-one has made any statement categorically that there is compromise between the parties and we have been further informed by learned counsel for the appellant that no compromise took place between the parties.
In the light of the above, the learned Single Judge has erred in law by coming to the conclusion that there is a compromise between the parties.
In such circumstances, the appeal succeeds, accordingly, the judgment passed by the learned Single Judge is set aside and matter is remanded back to the learned Single Judge to consider and dispose of the same on merits. [PRAKASH TATIA],J. [JAGDISH BHALLA], CJ. cpgoyal/-