Lekhraj Dhakad S/O Shri Bhajan Lal vs The State Of Rajasthan
2022 Latest Caselaw 4502 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          D.B. Civil Special Appeal (Writ) No. 803/2022
                                          In
                S.B. Civil Writ Petition No.5252/2022
1.     Lekhraj Dhakad S/o Shri Bhajan Lal, Aged About 44
       Years, R/o 67, Arya Nagar, Murlipura, Jaipur, Rajasthan.
2.     Hari Singh Dhakad S/o Late Shri Ramswaroop Singh,
       Aged About 60 Years, R/o 1, Pratap Nagar, Near Jeen
       Mata Mandir, Murlipura, Jaipur, Rajasthan.
3.     Laxminarayan S/o Shri Buddha Ram, Aged About 51
       Years,    R/o      Mangal       Vihar      Colony,          Dadi    Ka   Phatak,
       Murlipura, Jaipur, Through Power Of Attorney Holder Shri
       Ratan Lal Sharma,r/o Plot No. 167,gali No. 3, Tata Nagar,
       Shastri Nagar Jaipur, Rajasthan.
4.     Smt. Ganga Devi W/o Shri Nirbhaya Singh Dhakad, Aged
       About 54 Years, R/o Sainik Nagar, Near Karmachari
       Colony,     Gangapur            City,     District          Sawai     Madhopur,
       Rajasthan.
                                                                          ----Appellants
                                      Versus
1.     The State Of Rajasthan, Through The Chief Secretary,
       Govt Of Rajasthan, Secretariat, Rajasthan, Jaipur.
2.     The      Jaipur      Development             Authority,        Through       The
       Commissioner, Jln Marg, Jaipur.
3.     The Registrar, Co-Operative Societies, Rajasthan Sahakar
       Bhawan, Bais Godam, Jaipur.
4.     The Tehsildar, Tehsil, Jaipur, Distt. Jaipur.
5.     The Shankar Bhawan Nirman Sahakari Samiti Limited,
       O/o A-2,3,4 Alpana Colony Extension, Khatipura Road,
       Jhotwara, Jaipur Through Mantri Shri Mahendra Singh.
6.     The Rajasthan Police, Through The Commissioner, Sardar
       Patel Marg, Ashok Nagar, C-Scheme, Jaipur.
                                                                     ----Respondents

For Appellant(s) : Mr. Hanuman Choudhary Advocate.

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA Judgment / Order

(2 of 2) [SAW-803/2022]

05/07/2022

Heard.

After hearing learned counsel for the appellants, we find that

the grievance ventilated through writ petition as filed before the

learned Single Judge was essentially for early disposal of the

execution proceedings for implementation of an award.

Learned Single Judge taking into consideration that the

appellants seek only implementation/execution of award in respect

of which execution case is pending before the Executing Court,

dismissed the writ petition with the observation that the award in

favour of the appellants need to be implemented by the

Competent Court.

The directions which have been sought in the writ petition

are essentially in the nature of seeking execution of award, which

cannot be done by the Writ Court. Therefore, the learned Single

Judge has dismissed the petition.

We are also not inclined to pass any order in the nature of

execution of the award as the matter is pending before the

Executing Court. Learned Single Judge has already made an

observation for implementation of the award. We would only add

by observing that the Executing Court shall do well to execute the

award as early as possible, preferably within a period of four

months.

Only to that extent, we are inclined to modify the order

passed by the learned Single Judge. No further order is required

to be passed.

Accordingly, the appeal is disposed off.

(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),J Sanjay Kumawat-9

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