LAKSHMANAN, J. - (1.) THE petitioner in this writ petition is one Komal Chand Patni. He has filed the writ petition against the Stale of Rajasthan and Girish Chand Agarwal and four others. The prayer in the writ petition is to quash the order No. 5:13 : NA: UDH1: 3:2000 dated 23.6.2000 (Annex. 1) and to direct the respondents not to change and alter or modify the master plan of Jaipur City by changing land use of the subject lands. There are other consequential and incidental prayers. Notices have been served on the non -petitioners Nos. 2 to 6 and they are now represented by Dr. P.C. Jain. In the writ petition, the first respondent is represented by Shri Mohd. Rafique, Addl. Advocate General. The Covt. has also filed reply to the writ petition. It is seen from the reply that the State Government on a consideration of the entire matter found that the procedure prescribed was not followed in the matter and therefore, the Govt. by its order dated 23.3.2001 has withdrawn the order dated 23.6.2000. The copy of the said order has been filed along with the reply as Annexure R1/1. In view of the withdrawal of the order dated 23.6.2000, it is submitted by Mr. Mohd. Rafique, thelearned Add!. Advocate General and also by Hie learned counsel for the pelilioner that Ihc writ -petition has become inFrucliJous and the same may be dismissed as having become infrucluous. The order dated 23,3.2001 runs as under: - .........[vernacular ommited text]...........
(2.) SHRI P.C. Jain, learned counsel appearing for respondents Nos. 2 to 6 slates that the order dated 23rd March, 2001 has been passed by the State Government without giving any opportunity to the respondents and that the impugned ordefin the writ petition has been withdrawn by the order dated 23rd of March, 2001 during the pendency of the writ petition. It is also submitted that the respondents Nos. 2 to 6 have been dragged to the Court and now it is stated that the order impugned in the writ petition, which was passed in their favour has been withdrawn by the State Government by the order dated 23rd of March, 2001. Therefore, Shri P.C. Jain submits that the respondents Nos. 2 to 6 should be sufficiently compensated. It is true that the order daled 23rd of June, 2000 was challenged in the present wril petition by the writ petilioner. The ground of challenge is IhalbyAnnexure -l, use of the land was permitted to be changed by the respondent Slate and, therefore, the petilioner filed the writ petition to quash the order dated 23.6.2000 and for other consequential prayers. The Government, which is the first respondent in the writ petition on realising the error and mistake pointed ou! by the petitioner and on reconsideration of the entire matter found that the procedure prescribed for the change of land use was not followed in the prescnl case. In this case, the author of the impugned order is the State Government. The State Government has passed the impugned order and has now withdrawn the same on realising the mistake which wascommitted by it. Under these circumstances we cannot hold in the present writ petition that the order now passed by the Stale Government i.e. the order daled 23.3.2001, withdrawing the earlier order dated 23.6.2000 is, bad in law. However, we make it clear thai since the order dated 23.6.2000, which was passed in favour of the respondents Nos. 2 lo 6 has been withdrawn without any notice to the respondents Nos. 2 to 6 thus, they are now at a liberty lo challenge the order dated 23.3.2001 in accordance with law.
(3.) RESERVING the liberty lo the respondenls Nos. 2 to 6 to challenge the order daled 23.3.2001, this writ petition stands disposed off accordingly. However, there willbe no orders as to costs.;