UIT BIKANER Vs. SHRI GOPAL SINGHANIA

JUDGEMENT

(1.) BOTH the aforesaid special appeals are being decided by this common judgment as the question involved is the same in both the appeals.

(2.) SO far as the DBSAW No.404/2002 is concerned, the same has been preferred by the UIT, Bikaner against the order passed by the Single Bench of this Court in SBCWP No.2105/2001 dated 6.5.2002 whereby the Single Bench of this Court has allowed the respondent's writ petition.

(3.) WE perused the judgment passed by the Single Bench of this Court dated 6.5.2002 and found that the learned Single Judge even after holding that the plot in question over which the weigh-bridge has been established is situated in the residential colony known as Agrasen Colony, yet restrained the appellant ? UIT from removing the weigh- bridge and that too under assumption that residents of the area concerned have no objection against the weigh- bridge, whereas the residents of the Agrasen Colony have already challenged the judgment dated 6.5.2002 by preferring DBSAW No.448/2002 and in the facts and circumstances of the case we found that for passing order effecting the rights of the residents of Agrasen colony, they should be given an opportunity and since now the residents of Agrasen colony have already challenged the judgment of this court dated 6.5.2002 by filing DBSAW No.448/2002 then it is all the more necessary that they be given opportunity to submit reply to the writ petition.