Swati Sharma D/O Sh. Navneet ... vs Ram Avtar Sharma S/O Shri Narayan ...
2023 Latest Caselaw 4050 Raj/2

[2023:RJ-JP:18689-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  D.B. Special Appeal Writ No. 674/2023

Swati Sharma D/o Sh. Navneet Sharma, Aged About 36 Years,
R/o Flat No. 8, Plot No. F-49, Laxmi Apartment, Saraswati Nagar,
Behind Ehcc, Malviya Nagar, Jaipur-302017 Presently Working As
Junior Commercial Tax Officer, Circle M, Jaipur 1St, Jaipur
                                                                       ----Appellant
                                       Versus
1.       Ram Avtar Sharma S/o Shri Narayan Lal, Aged About 52
         Years, R/o D.n. 7A, Vikas Nagar, Dadi Ka Phatak,
         Murlipura, Jaipur-302017
2.       Narendra Parihar S/o Sh. Himmat Ram Parihar, Aged
         About 47 Years, R/o J-22-A, Sharma Colony, 22 Godam,
         Jaipur
3.       Thakur Das Mahawar S/o Late Sh. Chandula Mahawar,
         Aged About 41 Years, R/o 14, Ganpati Vihar, Panchvati
         Colony, Khatipura Road, Jaipur
4.       Manish Sokal S/o Sh. Ramswaroop Kumawat, Aged About
         43 Years, R/o Near Police Memorial, Chaat House Lane,
         Kanota Baag, Near Fatehpuria Jewellers, Jaipur
5.       Commissioner, Commercial Taxes Department, Rajasthan,
         Jaipur
6.       Joint Secretary, Finance (Tax) Department, Rajasthan,
         Jaipur
7.       Sh. Susheel Kumar Gupta, Junior Commercial Tax Officer,
         Lising Tax-2, Divisional Kar Bhawan, Jhalana, Jaipur.
8.       Ishwar      Kanwar,         Junior        Commercial         Tax   Officer,
         Headquarter, Kar Bhawan, Jaipur.
                                                                    ----Respondents

For Appellant(s)             :     Mr. Pradeep Kumar
For Respondent(s)            :     Mr. Shobit Tiwari
                                   Mr. Akshit Gupta on behalf of
                                   Mr. Vigyan Shah

HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE SAMEER JAIN

[2023:RJ-JP:18689-DB] (2 of 2) [SAW-674/2023]

Order

23/08/2023 (ORAL)

1. The present appeal is preferred against the interim order

dated 03.08.2023 passed by learned Single Judge, whereby while

admitting the writ petition, the operation of the impugned

judgment passed by the Rajasthan Civil Services Appellate

Tribunal dated 07.06.2023 has been ordered to be stayed.

2. Learned counsel for the appellant very fairly states that it is

only an interim order but certain observations have been made in

the impugned order which may ultimately prejudice their claim

and their rights while deciding the case on merits.

3. We have considered the observations, as have been made by

the learned Single Judge in the impugned order and are of the

view that they were only for the purposes of deciding the issue

with regard to the prayer for staying the operation of the

judgment which was impugned therein. In any case, it is clarified

that the observations, if any, made by the learned Single Judge

vide order dated 03.08.2023 would not prejudice the rights of any

of the parties i.e. the appellants as well as the respondents.

4. The appeal stands disposed of with above observations.

Pending applications, if any, also stand disposed of.

(SAMEER JAIN),J (AUGUSTINE GEORGE MASIH),CJ

KAMLESH KUMAR/RAJAT/34-D

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