1. Application seeking recall of order and permission to withdraw writ petition. (Para 1 )
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2026 Supreme(Raj) 574
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
PUSHPENDRA SINGH BHATI, SANDEEP TANEJA, JJ.
State of Rajasthan – Appellant
Versus
Madan Mohan Sharma S/o Shri Laxmi Kant Sharma – Respondent
D.B. Writ Miscellaneous Application No. 106 of 2026
Decided On : 10-03-2026
Important Points
A court has the authority to recall its own orders and grant permission to withdraw a writ petition against specific respondents upon considering the reasons provided in a miscellaneous application.
Subject
Civil Law - Writ Jurisdiction
Headnote
(A) Miscellaneous Application - Recalling of order and withdrawal of writ petition - Application filed for recalling a court order passed in a special appeal writ and for permission to withdraw a writ petition filed before a single bench - Application allowed. (Paras 1-2)
Facts of the case:
An application was filed seeking the recall of an order passed by the court in a special appeal writ and seeking permission to withdraw a civil writ petition against specific respondents.
Findings of Court:
Upon considering the application and the reasons stated therein, the court allowed the application, recalled the previous order, and permitted the withdrawal of the writ petition against the specified respondents.
Issues: Whether the order passed in the special appeal writ should be recalled and whether permission should be granted to withdraw the writ petition against the specified respondents.
Ratio Decidendi: The court may exercise its discretion to recall its own orders and allow the withdrawal of a petition against specific parties when the reasons provided in a miscellaneous application are found to be satisfactory.
Result: Application allowed.
Facts of the case:
An application was filed seeking the recall of an order passed by the court in a special appeal writ and seeking permission to withdraw a civil writ petition against specific respondents.
Findings of Court:
Upon considering the application and the reasons stated therein, the court allowed the application, recalled the previous order, and permitted the withdrawal of the writ petition against the specified respondents.
Issues: Whether the order passed in the special appeal writ should be recalled and whether permission should be granted to withdraw the writ petition against the specified respondents.
Ratio Decidendi: The court may exercise its discretion to recall its own orders and allow the withdrawal of a petition against specific parties when the reasons provided in a miscellaneous application are found to be satisfactory.
Result: Application allowed.
Legal Category Hierarchy
Advocates Appeared:
For the Appellant : Neetu Bhansali
For the Respondents: Samee Khan, Sunita Meena, Bhuwnesh Sharma
For the Appellant : Neetu Bhansali
For the Respondents: Samee Khan, Sunita Meena, Bhuwnesh Sharma
Table of Contents
2. Court considered the application and reasons stated therein. (Para 2 )
3. Application allowed on the basis of reasons stated. (Para 2 )
4. Order recalled; writ petition permitted to be withdrawn and dismissed as withdrawn. (Para 2 )
5. Can an order be recalled to permit withdrawal of a writ petition?
Yes, if reasons shown in the application are considered sufficient by the court. (Para 2 )
ORDER :
1. The present miscellaneous application has been filed by the applicant seeking recalling of the order dated 11.11.2025 passed by this Court in D.B. Special Appeal Writ No. 894/2023, titled as State of Rajasthan & Ors. v. Dr. Madan Mohan Sharma & Ors. and for permission to withdraw the writ petition, which is S.B. Civil Writ Petition No. 12603/2020 filed by him before the learned Single Bench.
2. Having considered the application and the reasons stated therein, the application is allowed. The order dated 11.11.2025 passed in D.B. Special Appeal Writ No. 894/2023 is hereby recalled. S.B. Civil Writ Petition No. 12603/2020 is permitted to be withdrawn, qua respondents No. 75, 78, 110 & 123 and the same is accordingly dismissed as withdrawn qua the said respondents.
