AI Structured Summary
Not yet generated for this judgment
Judgment
The present misc. application has been filed by the petitioners seeking correction in the order dated 30.01.2023 passed by a Co-ordinate Bench, in which one of us (Mr. Justice Rajendra Prakash Soni) was a member.
It is, inter-alia, submitted that directions were issued by noticing the contention on behalf of the petitioners that proceedings have already been initiated for removing encroachments by the PLPC formed under the direction of the District Collector, Jodhpur, whereas, factually jurisdiction in the matter was that of District Collector, Rajsamand and that the proceedings was not initiated by the concerned PLPC and therefore, the said aspect in the order dated 30.01.2023 requires correction.
In the circumstances of the case, wherein the basic contention noticed by the Court is contrary to the fact situation, we deem it appropriate to recall the order dated 30.01.2023.
Consequently, the misc. application is disposed of. The order dated 30.01.2023 is recalled. D.B. Civil Writ Petition No.1811/2023 is restored to its original number and same may now be listed before the appropriate Bench.