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2025 Supreme(RAJ) 477
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE MAHENDAR KUMAR GOYAL, J
STATE OF RAJASTHAN – Appellant
Versus
THE BOARD OF REVENUE – Respondent
CW / 10193 / 2015
Mr. Manoj Kumar, Ms. Pooja Dixit, Ms. Swati Hary, Mr. Sumit Sharma, Mr. Deepak Mittla, Mr. Kinshuk Jain, Mr. Shubhan Kumar Sharma, Mr. Adhityavardhan Pancholi, Mr. Vjayant Nirwan, Mr. Mahesh Chand Meena
Court emphasizes compliance with procedural orders, granting specific timelines and consequences for non-compliance in civil writ petitions.
Headnote:(A) Civil Procedure Code - Orders and Compliance - Petitioners failed to comply with prior orders dated 12.07.2024 and 16.08.2022, granted last opportunity of four weeks for compliance, failing which petition to be dismissed without reference to the Court. (Paras 1, 7, 12)
(B) Impleadment - Union of India allowed to be impleaded as respondents due to non-opposition from petitioner's counsel, amended cause title taken on record. (Paras 3)
(C) Legal Representatives - Application for taking on record legal representatives of deceased respondent allowed. (Para 5)
(D) Fresh Notice - Fresh notice to be issued to unserved respondents due to incomplete addresses. (Para 9) (E) Time Extensions - Petitioners granted time to file amended cause title and take necessary steps for deceased respondents, with consequences of dismissal for non-compliance. (Paras 7, 12)
Findings of Court:
The petitioners are granted specific timelines to comply with court orders, with clear consequences for non-compliance.
Issues: The main issues addressed include compliance with prior court orders and the implications of non-compliance.
Ratio Decidendi: The court emphasizes the necessity of compliance with its orders and the procedural steps required for the continuation of the writ petitions.
Result: The civil writ petitions are subject to dismissal upon failure to comply with the orders.
Order :
1. Petitioners have neither complied with the order dated 12.07.2024 nor, the order dated 16.08.2022. However, in the interest of justice, they are granted last opportunity of four weeks to ensure compliance of both the orders failing which this civil writ petition shall stand dismissed without reference to the Court.
2. If compliance is made within time, list this matter on 10.03.2025.
In S.B. Civil Writ Petition No. 8218/2016:-
3. For the reasons stated in the application No. 1/2020 filed by Union of India through Secretary, Ministry of Defence as well as Defence Estate Officer, Jaipur seeking impleadment as party respondents No.3 & 4, which is not opposed by learned counsel for the petitioner, the same is allowed. The Union of India through Secretary, Ministry of Defence as well as the Defence Estate Officer are impleaded as respondent No. 3 & 4. Amended cause title appended with the application is taken on record.
4. List this matter on 10.03.2025. Application No.1/2019 stands disposed of accordingly.
In S.B. Civil Writ Petition No.17766/2016:-
5. For the reasons stated in the application No. 1/2022 filed for taking on record the legal representatives of deceased respondent No.3/1 Brajraj Singh, the same is allowed.
7. Learned counsel for the petitioners prays for and is granted two weeks’ time to file amended cause title failing which this civil writ petition shall stand dismissed without reference to the Court.
8. If compliance is made within time, list this matter on 10.03.2025.
9. As per office report, respondents No.27/1 and 27/5 have expired and some of the respondents could not be served for want of their fresh and complete address.
10. Issue fresh notice to the unserved respondents by both process.
11. Learned counsel for the petitioners prays for and is granted time to necessary steps on account of death of respondents No.27/1 and 27/5.
12. Steps to be taken within four weeks failing which this civil writ petition shall stand dismissed without reference to the Court.
13. If compliance is made within time, list this matter on 10.03.2025.
