D.B. CIVIL SPECIAL APPEAL NO.486/2002
LRs of Manphool Ram
vs
State of Rajasthan & Ors.
DATE OF ORDER : 8.9.2009
HON’BLE CHIEF JUSTICE SHRI JAGDISH BHALLA
HON’BLE JUSTICE SHRI PRAKASH TATIA
Mr.AK Rajvanshy,for the appellant.
Mr.Sandeep Bhandawat, for the respondent.
Heard learned counsel for the parties.
The writ petition was disposed of by learned Single Judge
on the ground that the compromise has arrived at between the
parties and in such circumstances, a liberty was granted to the
parties to approach the competent authority for regularizing the
land in question as per impugned circular issued by the State
Government.
From the perusal of the judgment, it is crystal clear that
no-one has made any statement categorically that there is
compromise between the parties and we have been further
informed by learned counsel for the appellant that no
compromise took place between the parties.
In the light of the above, the learned Single Judge has
erred in law by coming to the conclusion that there is a
compromise between the parties.
In such circumstances, the appeal succeeds, accordingly,
the judgment passed by the learned Single Judge is set aside
and matter is remanded back to the learned Single Judge to
consider and dispose of the same on merits.
[PRAKASH TATIA],J. [JAGDISH BHALLA], CJ.
cpgoyal/-