Subash Suradia S/O Shri Lalchand ... vs The Rajasthan State Road ...
2023 Latest Caselaw 1025 Raj/2

[2023/RJJP/000925]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                D.B. Special Appeal Writ No. 1253/2022

Subash Suradia S/o Shri Lalchand Suradia, Aged About 39 Years,
R/o Village Jat Gavada, Post Jakhrana, Tehsil Behror, District
Alwar (Raj.).
                                                                        ----Appellant
                                      Versus
1.       The Rajasthan State Road Transport Corporation, Through
         Its Chairman Cum Managing Director, Parivahan Marg,
         Jaipur.
2.       The     Member          Secretary,       Service          Selection   Board,
         R.S.R.T.C., Parivahan Marg, Jaipur.
3.       The       Acting        Director      (Transporation),           R.S.R.T.C.,
         Headquarter Rajasthan, Jaipur.
                                                                     ----Respondents

For Appellant(s) : Mr. Sultan Singh Kuri

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

31/01/2023

1. Heard learned counsel for the petitioner-appellant.

2. This intra-court appeal has been preferred against the

judgment and order dated 02.09.2022, by which the Writ Court

has dismissed S.B. Civil Writ Petition No.4567/2022-Subash

Suradia Vs. The Rajasthan State Road Transport Corporation &

Ors.

3. The petitioner-appellant was a candidate for the post of

Conductor pursuant to the Advertisement No.153 dated

03.03.2010. He was not selected, therefore, he filed the above

[2023/RJJP/000925] (2 of 2) [SAW-1253/2022]

writ petition and the same has been dismissed on the ground of

delay as it was preferred after ten years of the selection.

4. Learned counsel for the petitioner-appellant in order to

explain delay submits that he had filed one writ petition i.e. S.B.

Civil Writ Petition No.2731/2012 also in this regard and the same

was disposed of vide judgment and order dated 06.03.2012 with

liberty to the petitioner to make a representation, which shall be

considered within a period on one month from its receipt.

5. The submission is that till date the representation filed by

the petitioner-appellant has not been decided.

6. Learned counsel for the petitioner-appellant further submits

that as his representation was not decided, he had preferred

another writ petition i.e. S.B. Civil Writ Petition No.12315/2014,

which was disposed of on 29.11.2016 in terms of the order passed

in Special Appeal Writ No.1396/2012, Vishnu Lal Sen Vs. RSRTC &

Ors.

7. In view of the aforesaid facts and circumstances, the present

writ petition appears to be third petition virtually for the same

cause of action. It is well settled that successive writ petitions are

not permitted for the same cause of action.

8. In view of the aforesaid facts and circumstances, we are of

the opinion that the Writ Court has rightly refused to entertain the

petition. The appeal lacks merit and is dismissed.

                                   (SHUBHA MEHTA),J                                                (PANKAJ MITHAL),CJ

                                   KAMLESH KUMAR/RAJAT/3









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