Rajpal Yadav S/O Shri Ratiram ... vs Vikas Kumar S/O Mahipal Gurjar
2022 Latest Caselaw 7617 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               D.B. Special Appeal Writ No. 1174/2022

Rajpal Yadav S/o Shri Ratiram Yadav, Aged About 50 Years, RAS
Previously Posted At Sub Divisional Magistrate Khetri, District
Jhunjhunu, Presently Secretary, Urban Improvement Trust, Sikar.
                                                                    ----Appellant
                                     Versus
Vikas Kumar S/o Mahipal Gurjar, R/o Village Balana, Police
Station Satlani, District Mahendragarh, Haryana.
                                                                  ----Respondent

For Appellant(s) : Mr. Anuroop Singhi, Advocate with Mr. O.P. Pareek, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment / Order

05/12/2022

Heard.

This writ appeal has been filed by the appellant assailing the

order passed by learned Single Judge whereby writ petition has

been disposed off with certain observations.

Learned counsel for the appellant would submit that, even

though, at this stage, technically speaking, it is only a

recommendation, in any case, the Human Rights Commission,

Jaipur could not have made even such recommendations only

because there was upsetting of the order passed by the higher

judicial authority.

We find that the Commission's observations are in the nature

of the recommendation under Section 18 of the Protection of

Human Rights Act, 1993. The learned Single Judge was perfectly

(2 of 2) [SAW-1174/2022]

correct in holding that, at that stage, no necessity arises for

interference by this Court.

However, in case, the recommendations as alleged are acted

upon, the appellant would be at liberty to approach this Court and

at that stage, the Court may be required to examine the

correctness of the recommendations made by the Human Rights

Commission. Therefore, with this liberty, this appeal is disposed

off.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /7

Powered by TCPDF (www.tcpdf.org)