MAHENDRA SINGH V. UNION OF INDIA

WRES/94/2022

AI Insights

The case involves a group of petitioners, all casual laborers in Jodhpur, who sought the restoration of a review petition that was dismissed due to the non-appearance of their counsel. The counsel's absence was attributed to illness. The petitioners are challenging actions or decisions related to their employment under the control of the second respondent, the Chief Commissioner of Income Tax, Jodhpur. The court's decision to restore the review petition allows the petitioners another opportunity to present their case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 685869 (HC-RAJASTHAN)
• Appeal Type: Others
• Pronouncement Date: 20-10-2023
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: T C GUPTA
• Keywords: Non-prosecution; Review petition; Writ Restoration; Counsel Illness

Judgement Text

"[2023:RJ-JD:36333-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Writ Restoration No. 94/2022 1. Mahendra Singh S/o Amar Singh Tak, Aged About 43 Years, R/o 95 A, Abhay Nagar, Magra Punjla, Jodhpur. 2. Kushal Singh S/o Bhanwar Singh, Aged About 37 Years, R/o Maderna Colony, Jodhpur. 3. Daulat S/o Suraj, Aged About 32 Years, R/o Ram Bag Scheme, Jodhpur. 4. Surendra Bhati S/o Kishore Lal, Aged About 43 Years, R/o Shiv Mandir, Ratanada, Jodhpur. 5. Deep Singh Badgujar S/o Bhanwar Singh, Aged About 34 Years, R/o Maderna Colony, Jodhpur. 6. Hans Raj Khinchi S/o Tulsi Das, Aged About 33 Years, R/o Kalal Colony, Jodhpur. 7. Prem Prakash S/o Puna Ram, Aged About 33 Years, R/o Income-Tax Colony, Paota, Jodhpur. 8. Naresh Gehlot S/o Mohan Singh, Aged About 31 Years, R/ o 112 Baldev Nagar, Jodhpur. 9. Jagdish Singh Rathore S/o Mangu Singh, Aged About 38 Years, R/o Maderna Colony, Jodhpur. 10. Lalit Mehra S/o Gauri Shankar, Aged About 32 Years, R/o Bakht Sagar, Jodhpur. 11. Rajendra Gujar S/o Kishan Lal, Aged About 45 Years, R/o 173, Ist C Road, Sardarpur, Jodhpur. 12. Hari Ram Meena S/o Badri Prasad, Aged About 42 Years, R/o Ghanti House, Rasala Road, Jodhpur. 13. Mahendra Gujar S/o Kishan Lal, Aged About 48 Years, R/o 173, Ist C Road, Sardarpura, Jodhpur. 14. Arun Kumar S/o Hans Raj, Aged About 39 Years, R/o Prithvi Pura, Jodhpur. 15. Raju S/o Bhanwar Lal, Aged About 37 Years, R/o Sangriya Fatak, Jodhpur. 29, Shankar Nagar, Jodhpur. 16. Santosh Chandel S/o Tara Chand, Aged About 34 Years, R/o Kalal Colony, Nagori Gate, Jodhpur. 17. Shankar Lal Parmar S/o Mana Ram, Aged About 41 Years, R/o 141, Shivsagar Nagar, Bhadasia Road, Jodhpur. 18. Rajendra Kumar Parihar S/o Om Prakash, Aged About 39 [2023:RJ-JD:36333-DB] (2 of 3) [WRES-94/2022] Years, R/o Chamunda Colony, Mahamandir, Jodhpur. 19. Praveen Singh S/o Madan Singh, Aged About 35 Years, R/ o Hemsingh Ka Katla, Mahamandir, Jodhpur. 20. Jitendra Kachwaha S/o Mishri Lal, Aged About 35 Years, R/o Dabro Ki Haveli, Ajay Chowk, Jodhpur. All The Petitioner Are Working As Casual Labours At Jodhpur Under The Control Of The Respondent No. 2. ----Petitioners Versus 1. Union Of India, Through The Finance Secretary, Government Of India, Ministry Of Finance, North Block, New Delhi. -110001. 2. Chief Commissioner Of Income Tax, Paota, C-Road, Jodhpur-342010. ----Respondents For Petitioner(s) : Mr. T.C. Gupta, through VC HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 20/10/2023 (Oral) Prayer in this application is for restoration of the review petition which was dismissed for non-prosecution vide order dated 21.09.2022 because of non-appearance of counsel for the review petitioner. It is the contention of the counsel for the petitioner that he was not well, therefore, could not appear in Court when the case was taken up for consideration on 21.09.2022. The application is supported by an affidavit of the counsel himself. [2023:RJ-JD:36333-DB] (3 of 3) [WRES-94/2022] In light of the above, the present application is allowed. The order dated 21.09.2022 is recalled and the review petition is restored to its original number. Learned counsel for the review petitioner prays for an adjournment to prepare the case and make submissions. Prayer made is accepted. Let the review petition be listed on 17.11.2023. (VINIT KUMAR MATHUR),J (AUGUSTINE GEORGE MASIH),CJ 52-Shahenshah/Anil Singh- "