MAHENDRA SINGH Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The instant special appeal has been filed by the petitioner-appellant under Rule 134 of the Rajasthan High Court Rules read with Article 226 of the Constitution of India against the order dated 15.1.2014 passed by the learned Single Judge in SBCWP No.7346/2009 whereby the learned Single Judge dismissed the writ petition filed by the petitioner-appellant on the ground that writ petition has been field by the power of attorney holder Mr. Anil S/o Basanti Lal on the strength of power of attorney dated 1.3.2000 alleged to have been executed by Mahendra Singh-original petitioner in his favour. The learned Single Judge observed in the order that power of attorney authorised Anil S/o Basanti Lal only for execution of the documents in favour of Basanti Lal S/o Chhoga Lal respondent no.5 herein and this writ petition has been filed by way of special power of attorney which has not authorised the petitioner to file this writ petition assailing the action of the registering authority in registering the lease executed by the department of Mines in favour of Basanti Lal S/o Chhoga Lal.

(2.) Learned counsel for the petitioner-appellant submits that the order dated 26.6.2009 (Annex.9) was passed by the Collector, Rajsamand in compliance of the judgment rendered by this court in SBCWP NO. 1697/2001, decided on 9.3.2009 whereby the matter was remitted to the Collector, Rajsamand to decide the matter afresh. That writ petition was also filed by Anil S/o Basanti Lal Jain. At the time of deciding the said writ petition, no such plea was taken, therefore, the learned Single Judge ought to have considered this aspect of the matter but has not considered the said fact, therefore, the order impugned may be quashed and case may be remitted to the learned Single Judge for deciding the case on merit.

(3.) After hearing the learned counsel for the parties we have perused the record of SBCWP No. 1679/2001. The said writ petition was also filed by power of attorney Anil S/o Basanti Lal in which following directions were issued by the learned Single Judge on 9.3.2009, which reads as under: