Mahaveer Singh Son Of Shri Devi ... vs The State Of Rajasthan
2021 Latest Caselaw 7569 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 11163/2020

1.     Mahaveer Singh Son Of Shri Devi Singh, Aged About 61
       Years, Resident Of Village Uber, Tehsil Deeg, District
       Bharatpur (Rajasthan)
2.     Narendra Singh Son Of Sardar Singh, Aged About 61
       Years, Resident Of Village Bhanch, Tehsil Deeg, District
       Bharatpur (Rajasthan)
                                                                   ----Petitioners
                                    Versus
1.     The State Of Rajasthan, Through Principal Secretary,
       Conservator Of Forest, Secretariat, Jaipur
2.     The Regional Conservator Of Forest (Hoff), Rajasthan,
       Jaipur
3.     The Conservator Of Forest, Bharatpur (Rajasthan)
                                                                 ----Respondents

For Petitioner(s) : Mr. Umesh Kumar Sharma For Respondent(s) : Mr. R.P. Singh, AAG with Mr. Jaivardhan Singh Shekhawat

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

13/12/2021

This writ petition has been filed for quashing the order dated

26.08.2020 directing for recovery of the excess amount paid to

the petitioner in terms of notification dated 30.10.2017 issued by

the State Government.

Learned counsels for the respective parties are in agreement

that the controversy raised herein stands resolved by a Division

Bench Judgment of this Court dated 25.11.2021 passed in D.B.

Civil Writ Petition No.5920/2021, Santosh Sharma Vs. State

(2 of 2) [CW-11163/2020]

of Rajasthan & other connected matters and prayed that the

instant writ petition may also be disposed of in similar terms.

In case of Santosh Sharma (supra), a Division Bench of this

Court directed as under:

"Under the circumstances, all these petitions are disposed of with the following directions:-

(i) Let the Government reconsider the entire issue as is stated before us. Final decision preferably may be taken by 28th February, 2022.

(ii) After the decision is taken by the Government, if any of the grievances of the petitioners survive, it would be open for them to file fresh petitions.

(iii) Till fresh decision is taken, the State Government shall not make any further recovery on the basis of the notification dated 30 th October, 2017.

(iv) Recoveries already made from the pensioners would be refunded, subject to final decision of the Government, subject to further challenge."

In view thereof, this writ petition stands disposed of in terms

of direction issued by a Division Bench of this Court in case of

Santosh Sharma (supra) which shall apply mutatis mutandis to

this case also.

The pending application stands disposed of accordingly.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/104

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