- (1.) THIS writ petition has been filed with the following prayers:- (1) An appropriate writ, order or direction to the respondents to quash and set-aside the whole regularization proceedings which has been done in favor of the respondent no.5 for the land which is in question bearing Khasra No.241 situated at Village Kotra, District Ajmer having the area of 2158 sq.yards. (2) An appropriate writ, order direction to the respondents to quash and set-aside the allotment and regularization proceeding for the part of the land bearing Khasra No. 241 situated at Village Kotra, District Ajmer having the area of 2158 sq.yards which is belonging to the petitioner. (3) An appropriate writ, order or direction to the respondents to quash and set aside the impugned demand notice dated 23-5-2012 (Annexure-23). (4) Any other order, which this Hon'ble Court deems just and proper in the facts and circumstances of the case, may also be passed in favour of the petitioner.
(2.) IN the course of arguments before this Court, it has transpired that vide order dated 31st March, 2011 passed in S.B. Civil Writ Petition No. 14988/2010 a statement was made by the UIT, Ajmer that the matter for regularization of the land in issue has been approved by the State Government and accordingly a demand would be issued within one month and immediately on completion of formalities lease deed would be executed within another period of one month. On the statement made by the learned counsel appearing on behalf of the UIT, Ajmer, this court in the aforesaid writ petition, vide order dated 31st March, 2011 was pleased to dismissed the writ petition as having become infructuous "in view of the statement made by the learned counsel for the respondent". In my considered opinion, in the event relief prayed for in this writ petition were to be allowed, the order dated 31st March, 2011 passed by this Court recording the undertaking of the respondent Urban Improvement Trust, Ajmer would require to be overlooked, modified or set aside. This is definitely not the jurisdiction of this Court under Article 226 of the Constitution of India i.e. to modify or direct that the order passed by this Court in S.B. Civil Writ Petition No. 14988/2010 be overlooked. It is no doubt true that the order dated 31st March, 2011 passed by this Court is an order recording the factum of the writ petition having become infructuous but the foundation for the recording made by the learned Single Judge was the statement made by the learned counsel for the respondent UIT, Ajmer, which statement constitutes part of the record of the court and would be binding on the UIT, Ajmer. In view of the aforesaid facts, counsel for the petitioner prays that he may be allowed to withdraw the writ petition with liberty to move an appropriate application for recalling or review of the order dated 31st March, 2011 passed in S.B. Civil Writ Petition No. 14988/2010. The writ petition is dismissed as withdrawn with the liberty as prayed for. Stay application is dismissed.;