WMAPPL No.22/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Misc. Application No.22/09 State & Anr. Versus The Rajasthan Civil Services Appellate Tribunal & Anr. DATE OF ORDER : 01/12/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sunil Samdaria, for applicant Mr. Hari Barath, Dy. Govt. Counsel, for State *** Misc. application has been filed by the alleged legal heirs of sole deceased respondent- employee, who is respondent in CWP No.2198/92, which was decided on 9th December, 2005, with the grievance that sole respondent & father of the present petitioner-applicant Sobhag Singh, who died on 10th January, 2000 and in his absence, his legal heirs were brought on record and writ petition was decided on 9th December, 2005 that certainly caused prejudice the right of the present petitioner, who as alleged, claiming himself to be a legal heir of the deceased. It appears to be factually correct from the record. The deceased respondent Shri Sobhag Singh died during pendency of writ petition and much before the order passed by this court on 9th December, 2005. WMAPPL No.22/09 [2] Taking note of material came on record, this Court considers it appropriate that right of the legal heirs of deceased certainly appears to have been infringed and they were deprived from a fair opportunity of hearing. Consequently, misc. application stands allowed. Order dt.9th December, 2005 passed in CWP No.2198/92 stands recalled. Counsel for petitioner is directed to furnish list of legal heirs of deceased-respondent, if there is any, on record. The writ petition be listed for hearing. Office to proceed. [AJAY RASTOGI], J. FRBOHRA22WMAPPL09 1-12.doc