Rajasthan High Court - Jodhpur
Ashish vs State Of Rajasthan on 7 August, 2023
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10805/2023
Ashish S/o Shri Brij Lal Swami, Aged About 33 Years, Ward No.
8, Dhannasar, Hanumangarh, District Hanumangarh (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Rural Development And Panchayati Raj, Secretariat,
Rajasthan, Jaipur.
2. The Additional Commissioner Cum Joint Secretary, Rural
Development And Panchayati Raj Department, Govt. Of
Rajasthan, Jaipur.
3. The Chief Executive Officer, Zila Parishad Hanumangarh
(Raj.).
4. The Vikas Adhikari, Panchayat Samiti Rawatsar, District
Hanumangarh (Raj.).
----Respondents
For Petitioner(s) : Mr. J.S. Bhaleria with
Mr. Deepak Pareek
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/08/2023
1. Learned counsel for the petitioner has shown to this Court
the order dated 13.07.2022 passed by a coordinate Bench of this
Court in Manpreet Singh Vs. State of Rajasthan & Ors. : S.B. Civil Writ
Petition No.9714/2022 and prays that the interim order be passed in
favour of the present petitioners also. The order reads as under :-
"1. It is submitted by learned counsel for the
petitioner that the issue raised in the present writ
petition is squarely covered by judgment in Ranveer
Soni v. State of Rajasthan & Ors. : S.B. Civil Writ
Petition No.8860/2021, decided on 15.07.2021
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(2 of 3) [CW-10805/2023]
(Annex.P/5 filed with the writ petition) and submits
that case of the petitioner is identical to that of Ranveer
Soni (supra).
2. In the case of Ranveer Soni (supra), a Co-
ordinate Bench of this Court referring to the judgment
in Sardar Mal v. State of Rajasthan & Ors. : S.B. Civil
Writ Petition No.9772/2011, decided on 07.08.2012
and Man Singh Hada & Ors. v. State of Rajasthan &
Anr. : S.B. Civil Writ Petition No.8124/2012, decided on
28.01.2014 alongwith Brij Lal Bundel v. State of
Rajasthan & Anr. : 2007(1) RLW 484, inter-alia,
directed as under :-
"In view of the limited prayer addressed; the instant writ
proceedings are closed with a direction to the petitioner to
address a comprehensive representation within two weeks
hereinafter, enclosing a copy of the judgment, which has
been referred to and relied upon in support of his claim.
In case, a representation is so addressed within the
aforesaid period, the State-respondents are directed to
consider and decide the same by a reasoned and speaking
order in accordance with law as expeditiously as possible,
however, in no case later than three months from the date
of receipt of the representation alongwith a certified copy of
this order.
Upon consideration of the representation so filed, if
respondents find the case of the petitioner to be covered by
the judgment(s) aforesaid, before giving actual benefits, an
undertaking shall be procured from the petitioner to the
effect that his rights/entitlements shall be subservient to
the fate of the judgment(s) aforesaid and in case the same
is reversed or modified in any manner, he shall also be liable
for restitution of any benefits/emoluments so received.
With the observations and directions, as indicated
above, the writ petition stands disposed of.
The stay application is also disposed of."
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(3 of 3) [CW-10805/2023]
3. In view of the submissions made, the writ petition
filed by the petitioner is disposed of with the directions
as given by a Co-ordinate Bench of this Court in the
case of Ranveer Soni (supra).
4. The order has been passed based on the
submissions made in the petition, the respondents
would be free to examine the veracity of the
submissions made in the petition and only in case, the
averments made therein are found to be correct, the
petitioner would be entitled to the relief."
2. In light of the aforequoted order, the present petition is also
disposed of in the same terms. All pending applications also stand
disposed of.
(DR. PUSHPENDRA SINGH BHATI), J.
92-Zeeshan
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