HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11221/2021 Matin Mohammed S/o Shri Suleman, Aged About 32 Years, R/o 79-A, Block, Gandhi Nagar, Pahada, Girwa, Udaipur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.
2. Tha Additional Commissioner Cum Joint Secretary (I), Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.
3. The Chief Executive Officer, Zila Parishad Udaipur.
4. The Vikas Adhikari, Panchayat Samiti, Gogunda, District Udaipur.
----Respondents For Petitioner(s) : Mr. Vikram Singh Bhawla for Mr. JS Bhaleria JUSTICE DINESH MEHTA Order 19/08/2021
1. Learned counsel for the petitioner submits that the impugned order dated 13.08.2021 passed by the Additional Commissioner is clearly contrary to Rule 289 of Rajasthan Panchayati Raj Rules, 1996.
2. He further submits that the order dated 13.08.2021 recommending the petitioner to be posted out of assembly area is also contrary to law and the judgment passed by this Court in the bunch of cases led by Chandra Kanta Vs. State of Rajasthan & Ors : SB Civil Writ Petition No.14638/2019, decided on 20.01.2020.
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3. Matter requires consideration.
4. Issue notice. Issue notice of stay application also, returnable within six weeks.
5. Meanwhile, effect and operation of the orders dated 13.08.2021 (Annex.-P/1) and 14.08.2021 (Annex.-P/2) qua the petitioner shall remain stayed.
(DINESH MEHTA),J 92-Amar/-
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