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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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SPL. APPL. WRIT No. 68 of 2002
INDER MAL KOTHARI & ORS
V/S
STATE & ORS
Mr. MS SINGHVI, for the appellant / petitioner
Mr. DILIP KAWADIA, for the respondent
Date of Order : 11.2.2010
HON'BLE SHRI A.M.SAPRE,J.
HON'BLE SHRI DINESH MAHESHWARI,J.
ORDER
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This is an appeal filed by the writ petitioners of Writ Petition No. 303/2002 under Section 18 of the Rajasthan High Court Ordinance
against the judgment/order dt. 23.1.2002 passed by the
learned Single Judge in the said writ.
(2) By impugned order, the learned Single Judge
was pleased to dismiss the writ petition of the
appellants.
(3) Having heard learned counsel for the parties
at length, and on perusal of the record of the case,
we have formed an opinion that this appeal can be
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disposed of finally without adverting to the facts
involved in the writ petition out of which this writ
appeal arises. Indeed it would be now for the
appropriate Court to decide the issue involved in
appeal on the merits in accordance with law as
observed infra.
(4) Learned counsel for the parties brought to
our notice that pursuant to the interim order dt.
09.12.2009 passed in this appeal, the Secretary, Urban
Improvement Trust, Udaipur has passed an order dt.
11.2.2005 Annexure R/1 on the representation of the
appellants which was made to him. In the light of this
subsequent event which has come into existence after
passing of the impugned order which undisputedly has a
bearing over the controversy involved in appeal, we
consider it just and proper to grant liberty to the
appellants to challenge the order dt. 11.2.2005
(Annex. R/1) passed by the Secretary, Urban
Improvement Trust, Udaipur in appropriate proceedings
as may be permissible in law. This Court being an
appellate court, would not be in a position to examine
its legality for the first time in this appeal.
Moreover, granting liberty would not in any way cause
prejudice to any of the parties.
(5) In case if any such remedy is resorted to by
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the appellants then, the same would be decided by the
competent court in accordance with law uninfluenced by
any of the observations/findings recorded by the
learned Single Judge in the impugned order dt.
23.1.2002 passed in the writ petition out of which
writ appeal arises.
(6) In the light of the foregoing discussion,
this special appeal is finally disposed of.
No costs.
( DINESH MAHESHWARI ),J. ( A.M.SAPRE ),J.
/Sushil/