1. Appeals against a Single Judge order requiring reconsideration of a writ petition. (Para 1 )
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2026 Supreme(Raj) 545
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Inderjeet Singh, Ashok Kumar Jain, JJ.
Jagdish Prasad Sharma S/o Shri Rawad Mal Sharma - Appellant
Versus
State Of Rajasthan, Through Secretary, Ayurveda Department - Respondent
D.B. Special Appeal Writ No. 535 of 2021, D.B. Special Appeal Writ No. 393 of 2021, D.B. Special Appeal Writ No. 396 of 2021, D.B. Special Appeal Writ No. 991 of 2021
Decided On : 18-03-2026
Important Points
The court held that when all parties to a writ petition, including the state, appeal a Single Judge's order, the order should be set aside and the matter remanded to the Single Judge for fresh reconsideration.
Subject
Civil Law - Writ Jurisdiction
Headnote
(A) Civil Law - Special Appeal (Writ) - Remand of matter - Where original petitioners and original respondents, along with the State, have filed appeals challenging an order passed by a Single Judge, the matter requires reconsideration by the same judge. (Para 2)
Facts of the case:
Appeals were filed by the original petitioners, the original respondents, and the State challenging an order dated 02.03.2021 passed by a Single Judge in a civil writ petition.
Findings of Court:
The court perused the order and found that since all primary parties to the dispute challenged the order, the matter is fit for reconsideration.
Issues: Whether the order of the Single Judge should be set aside and the matter remanded for fresh adjudication given that all parties have appealed the decision.
Ratio Decidendi: When all original parties to a writ petition, including the State, challenge the decision of a Single Judge, the appropriate course of action is to set aside the order and remand the matter to the Single Judge for a fresh decision.
Result: Appeals allowed and the order passed by the learned Single Judge dated 02.03.2021 is set aside and the matter is remanded back to the learned Single Judge for deciding the writ petition afresh.
Facts of the case:
Appeals were filed by the original petitioners, the original respondents, and the State challenging an order dated 02.03.2021 passed by a Single Judge in a civil writ petition.
Findings of Court:
The court perused the order and found that since all primary parties to the dispute challenged the order, the matter is fit for reconsideration.
Issues: Whether the order of the Single Judge should be set aside and the matter remanded for fresh adjudication given that all parties have appealed the decision.
Ratio Decidendi: When all original parties to a writ petition, including the State, challenge the decision of a Single Judge, the appropriate course of action is to set aside the order and remand the matter to the Single Judge for a fresh decision.
Result: Appeals allowed and the order passed by the learned Single Judge dated 02.03.2021 is set aside and the matter is remanded back to the learned Single Judge for deciding the writ petition afresh.
Legal Category Hierarchy
Advocates Appeared:
For the Appellant : Mr. H.V. Nandwana Mr. Yashwardhan Nandwana Mr. S.M. Kumawat for Mr. Akshit Gupta, Mr. Raghu Nandan Sharma, Mr. Vishnu Dutt Sharma for Mr. Bhuwnesh Sharma, AAG
For the Respondent: Mr. Vaibhav Pancholi for Mr. Krishan Chander Sharma
For the Appellant : Mr. H.V. Nandwana Mr. Yashwardhan Nandwana Mr. S.M. Kumawat for Mr. Akshit Gupta, Mr. Raghu Nandan Sharma, Mr. Vishnu Dutt Sharma for Mr. Bhuwnesh Sharma, AAG
For the Respondent: Mr. Vaibhav Pancholi for Mr. Krishan Chander Sharma
Table of Contents
2. Both original parties and the State challenged the Single Judge's order. (Para 1 )
3. The matter requires reconsideration by the learned Single Judge. (Para 2 )
4. When all parties appeal, reconsideration by the Single Judge is warranted. (Para 2 )
5. Appeals allowed; Single Judge order set aside; matter remanded for fresh decision. (Para 3 )
6. What is the appropriate course when all parties appeal an interlocutory order?
The matter should be remanded to the Single Judge for reconsideration afresh. (Para 2 , 3 )
ORDER :
1. In these matters, original petitioners and original respondents along with State, all have filed appeals challenging the order passed by the learned Single Judge dated 02.03.2021.
2. We have perused the order passed by the learned Single Judge. Since, the original petitioners as well as original respondents in the writ petition along with State of Rajasthan have filed these appeals, in our considered view, the matter requires reconsideration by the learned Single Judge.
3. Accordingly, these appeals are allowed and the order passed by the learned Single Judge dated 02.03.2021 is set aside and the matter is remanded back to the learned Single Judge for deciding S.B. Civil Writ Petition No.4717/2011 afresh.
4. Misc. application(s), if any, stands disposed of.
