Shri Mahendra Mishra S/O Shri Late ... vs State Of Rajasthan
2022 Latest Caselaw 6750 Raj/2

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

             D.B. Special Appeal Writ No. 812/2022
                                        In
               S.B. Civil Writ Petition No.2661/2017
1.   Shri Mahendra Mishra S/o Shri Late Keshav Dev Mishra,
     Aged About 55 Years, R/o 79, Jalvayu Vihar, Sector 7,
     Vidhyadhar Nagar, Jaipur, Rajasthan, Partner, M/s Auto
     Malleable, E-353, Road No. 14, Vishvakarma Industrial
     Area, Jaipur, Rajasthan.
2.   Shri Yash Mishra S/o Shri Mahendra Mishra, Aged About
     24 Years, R/o 79, Jalvayu Vihar, Sector 7, Vidhyadhar
     Nagar, Jaipur, Rajasthan, Partner, M/s Auto Malleable, E-
     353, Road No. 14, Vishvakarma Industrial Area, Jaipur,
     Rajasthan.
                                                                  ----Appellants
                                    Versus
1.   State      Of     Rajasthan,            Through         Additional   Labour
     Commissioner Cum Deputy Secretary, Shram Bhawan,
     Shanti Nagar, Khatipura Road, Hasanpura, Jaipur.
2.   Vishvakarma Audhyogik Kshetra Labour Union CITU,
     Through Its Secretary, Hatwara Road, Jaipur.
3.   Rohitash Chaudhary S/o Shri Thanduram Chaudhary, R/o
     Village    Khudiya,         Bahadurgarh,            Chirawa,    Jhunjhunu-
     333026.
4.   Sukhveer Chaudhary S/o Laxmi Narain, R/o 83-B, Janta
     Nagar, Opp. 4 No. Dispensary, Hatwara Road, Jaipur.
5.   Badri Narain Sharma S/o Ramlal, R/o 906, Dogri Hali
     Dhani, Neendar, Jaipur-302013.
6.   Goma Ram S/o Kalyanmal Saini, R/o 474, Saini Bhawan,
     Shantinagar, Opp. NBC Factory, Jaipur.
7.   Babulal Gurjar S/o Dhanna Ram, R/o Village Daulatpura-
     Benad, Post-Ninrad Benad, Amer, Jaipur.
8.   Shri Raju Verma S/o Ishwar Singh, Aged About 41 Years,
     Proprietor, M/s Auto Malleable E-353, Road No. 14,
     Vishwakarma Industrial Area, Jaipur. Current Address At
     Perfect Wheels Pvt. Ltd. Khewat No. 109/71 31/60, Kila
     No. 16/1, 16/2, Fatehpur Nawada Badda, Near ASK
     Automobile, IMT, Manesar, Gurugram, Haryana-122001.



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                                                                              (2 of 2)                    [SAW-812/2022]


                                   9.       Shri Arjun Singh S/o Tara Chand, Aged About 55 Years,
                                            Manager, M/s Auto Malleable E-353, Road No. 14,
                                            Vishwakarma Industrial Area, Jaipur.
                                                                                                      ----Respondents

For Appellant(s) : Mr. Gautam Bhadadra Advocate with Mr. Dev Krishan Saini Advocate.

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

Judgment / Order

18/10/2022

Heard on application for grant of leave to appeal.

The application for leave to appeal has been filed by the

proposed applicants against whom no prosecution has been

launched.

By impugned order, writ petition challenging the order

granting sanction for prosecution in respect of respondent No.8-

Mr. Raju Verma and respondent No.9-Mr. Arjun Singh, has been

dismissed.

Appellants herein cannot be said to be the persons legally

aggrieved by the aforesaid order. Their grievance is that they are

being harassed by the department. However, we grant them

liberty to take such remedy as may be available to them under the

law.

The application seeking leave to file appeal is not

maintainable and the same is, therefore, rejected.

Consequently, the appeal is also dismissed.

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

Sanjay Kumawat-130

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