Bhagwana Ram vs State Of Rajasthan
2021 Latest Caselaw 3062 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 12059/2019

Bhagwana Ram

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : None present For Respondent(s) : Mr. RJ Punia, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

04/02/2021

The matter comes up on an application under Article 226(3)

of the Constitution of India for vacation of ex-parte stay order

dated 16.09.2019 passed by this Court.

On the last occasion no one has appeared on behalf of the

petitioner, even today no one has appeared on behalf of the

petitioner even in the second round.

Counsel for the respondents submits that the petitioner has

filed the present writ petition challenging the order dated

10.07.2019 passed by the District Supply Officer, Jalore. Counsel

submits that the impugned order is an appealable order under

Clause 22 of the Rajasthan Food Grains and Other Essential

Articles (Regulation of Distribution) Order, 1976 before the District

Collector. But the petitioner without availing the said remedy of

appeal, directly approached this Court. Counsel submits that in

view of availability of effective alternate remedy before the District

Collector, Jalore, the present writ petition is not maintainable and

the same is liable to be dismissed. In such circumstances, the ex-

(2 of 2) [CW-12059/2019]

parte stay order dated 16.09.2019 granted by this Court may be

vacated.

Heard the learned counsel for the respondents and perused

the application as well as material available on record.

In the facts and circumstances of the case and considering

the fact that an effective alternate remedy is already available to

the petitioner under law, the application under Article 226(3) of

the Constitution of India is allowed and the ex-parte stay order

dated 16.09.2019 granted by this Court is hereby vacated.

List the matter after six weeks, as prayed.

(MANOJ KUMAR GARG),J 76-MS/-

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