Matin Mohammed vs State Of Rajasthan
2021 Latest Caselaw 12990 Raj

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.

(2 of 2) [CW-11221/2021]

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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