State Of Rajasthan vs Sunil Kumar Vijay ...
2023 Latest Caselaw 1185 Raj

[2023/RJJD/002898]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 601/2022

1. State Of Rajasthan, Through The Secretary Revenue Department, Government Of Rajasthan, Jaipur (Raj.).

2. The District Collector, Alwar, District Alwar, Rajasthan.

3. The Director, Secondary Education, Bikaner (Raj.).

----Appellants Versus

1. Sunil Kumar Vijay S/o Shri Madan Lal Vijay, Aged About 56 Years, 2/131, Scheme No. 10B, Ward No 4, Alwar, Rajasthan.

2. Uma Dutt Sharma S/o Shri Gopal Dutt Sharma, Aged About 56 Years, 6 K 427, Shiva Ji Park, Alwar, Rajasthan.

3. Rajesh Kumar Rohela S/o Shri Nanak Chand Rohela, Aged About 57 Years, 303, Ashok Bhawan Halwal Para, Alwar.

----Respondents

For Appellant(s) : Mr. Sunil Beniwal, AAG.

For Respondent(s) : -

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

30/01/2023

The instant intra court appeal under Article 225 of the

Constitution of India read with Rule 134 of the Rajasthan High

Court Rules, 1952 is preferred by the State of Rajasthan for

assailing the order dated 26.07.2021 passed by the learned Single

Bench whereby, writ petition No.9434/2021 submitted by the

respondents herein was disposed of with a direction to the

appellants herein to consider the representation of the

respondents and to accord them benefits in light of Judgment in

[2023/RJJD/002898] (2 of 3) [SAW-601/2022]

the case of Manoj Khandelwal & Ors. vs. State of Rajasthan

& Ors. (SBCWP No.7283/2014) decided on 16.07.2014.

Notice of the appeal has been served on the respondents. No

one has appeared on their behalf despite service.

Learned AAG Shri Beniwal submits that the writ petition was

allowed ex-parte without giving any notice to the State. He

submits that the observations made by the learned Single Bench

in the impugned order that the case of the respondents shall be

considered in light of the Judgment in the case of Manoj

Khandelwal & Ors. (supra), has tied the hands of the

authorities and they would be prevented from taking an objective

decision while considering the cases of the respondents herein. He

thus urges that the impugned order deserves to be set aside and

the matter be remitted to the learned Single Bench for fresh

consideration of the writ petition after hearing all parties. In

support of his contention, he placed reliance on the Judgment

dated 02.02.2022 rendered by Division Bench of this Court in the

case of State of Rajasthan & Ors. vs. Salma Sultana (D.B.

Special Appeal (Writ) No.276/2021.).

We have heard and considered the arguments advanced at

bar and have gone through the impugned order.

We feel that the direction given by the learned Single Bench

while accepting the writ petition to accord benefits to the writ

petitioners in light of the Judgment of Manoj Khandelwal & Ors.

(Supra) could not have been issued without hearing the version

of the State. The direction encroaches upon the discretion of the

authorities to proceed independently.

[2023/RJJD/002898] (3 of 3) [SAW-601/2022]

Thus, the impugned order dated 26.07.2021 passed by the

learned Single Bench is set aside. The matter is remitted to the

learned Single Bench for fresh consideration of the writ petition on

merits after providing opportunity of hearing to all the parties.

The special appeal is allowed accordingly.

(RAJENDRA PRAKASH SONI),J (SANDEEP MEHTA),J

64-Tikam/-

Powered by TCPDF (www.tcpdf.org)