Shrawan Kumar Vishnoi vs State Of Rajasthan
2021 Latest Caselaw 8870 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 231/2021

Shrawan Kumar Vishnoi S/o Shri Poonama Ram, Aged About 37 Years, R/o Gudhamalani, District Barmer (Raj.)

----Appellant Versus

1. State Of Rajasthan, Through Secretary, Department Of Medical Health And Family Welfare, Government Of Rajasthan, Jaipur.

2. The Special Secretary To Government, Medical Health And Family Welfare Department And Mission Director - Nhm, Rajasthan, Jaipur.

----Respondents

For Appellant(s) : Mr. Mahaveer Bishnoi For Respondent(s) : Mr. K.S. Rajpurohit, A.A.G.

Mr. Rajat Arora

HON'BLE THE CHIEF JUSTICE INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

06/04/2021

The present appeal has been filed against the order dated

25.02.2021 passed by the learned Single Judge whereby the writ

petition filed by the petitioner has been dismissed.

Learned counsel for the appellant submits that after the

dismissal of the writ petition, the respondents have issued a

communication dated 19.03.2021 inviting grievances of the

persons like petitioners for removal of the defects in their

applications. Learned counsel further submits that he has already

preferred the representation in pursuance of the communication

(2 of 2) [SAW-231/2021]

dated 19.03.2021 but the same has not been considered by the

respondents in light of the order passed by the learned Single

Judge on 25.02.2021. In these circumstances, the learned counsel

for the appellant prays that the observations made by the learned

Single Judge in the order dated 25.02.2021 should not come in

the way while considering the representation preferred by the

petitioner in pursuance of the communication dated 19.03.2021.

Learned counsel for the State submits that if the petitioner

has submitted his grievances/representation strictly in four corner

of the communication dated 19.03.2021, the same will be

considered.

Having considered the submissions made by the parties, we

are of the view that since the State Government has invited the

representations/grievances from the persons similarly situated to

the appellant by communication dated 19.03.2021 after the

judgment in this case i.e. 25.02.2021, the observations made by

the learned Single Judge in the order dated 25.02.2021 shall not

come in the way of the appellant. Since, the respondents have

invited the grievances, therefore, the case of the appellant should

not be prejudiced. Thus, the observations made by the learned

Single Judge in its order dated 25.02.2021 are required to be set

aside. We do so.

The appeal is, therefore, disposed of with a direction to the

respondents to consider the grievance/representation filed by the

appellant in furtherance of the communication dated 19.03.2021

strictly in accordance with law.

(VINIT KUMAR MATHUR),J (INDRAJIT MAHANTY),CJ 7-Kshama Dixit/-

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