HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 350/2022

1.

Anuradha Sharma D/o Late Kanhaiya Lal W/o Dr.

Amarnath Sharma, Aged About 65 Years, R/o Kasba

Bayana At Present R/o C-376A, Malviya Nagar, Jaipur.

2.

Vishnudutta Sharma S/o Late Ranjeet, Aged About 64

Years, R/o Bayana At Present R/o C-114, Ranjeet Nagar,

Bharatpur.

3.

Sunil Dutta Sharma S/o Late Kanhaiya Lal, Aged About 50

Years, R/o Chhitam Teela Town Bayana, Tehsil Bayana,

District Bharatpur.

----Petitioners/Plaintiffs

Versus

1.

Mukesh S/o Maharaj Singh, Aged About 41 Years, R/o

Supa Market, Kasba Bayana, Tehsil Bayana, District

Bharatpur.

2.

Tejsingh S/o Hariya, R/o Supa Tehsil Bayana, District

Bharatpur.

3.

Nagar Palika Bayana, Through Executive Officer, Nagar

Palika Board, Bayana, District Bharatpur.

Respondents-Defendants

4.

Kamlesh Sharma W/o Kshetrapal Sharma, Aged About 74

Years, R/o Jain Gali, Kasba Bayana, District Bharatpur

(Raj.)

5.

Shishi Prabha Sharma W/o Arun Kumar Sharma, Aged

About 68 Years, R/o 21/12, Shripura,kota (Raj.)

6.

Kusumlata Sharma W/o Sushil Kumar Sharma, Aged

About 66 Years, R/o Near Dauji Ka Mandir, Sakatpura,

Kota (Raj.)

----Proforma Respondents/Defendants

For Petitioner(s)

:

Mr. J.K. Moolchandani

For Respondent(s)

:

Mr. Jatin Agarwal

Mr. Dinesh Chand Gupta

Mr. Saurabh Bhandari

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

(2 of 2)

[CW-350/2022]

Order

29/06/2022

This writ petition, which has been filed under Article 227 of

the Constitution of India assailing the legality and validity of the

order dated 23.11.2021 passed by the learned Civil Judge, Bayana

in Civil Miscellaneous Case No.80/2021, is being disposed of in

following terms on the request and with the consent of learned

counsels for the respective parties:-

1.

The order dated 23.11.2021 is quashed

and set aside.

2.

The respondents/applicants would be at

liberty to file a fresh application seeking

appointment of local Commissioner which shall

be decided by the learned trial Court in

accordance with law.

(MAHENDAR KUMAR GOYAL),J

Manish/174