Tolaram Damor vs State Of Rajasthan
2023 Latest Caselaw 883 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Civil Writ Petition No. 10814/2021

Tolaram Damor S/o Shri Vijendra Damor, Aged About 23 Years,
Village Pariyala, Gram Panchayat Sagwadiya, District Banswara,
Rajasthan.
                                                                     ----Petitioner
                                    Versus
1.        State Of Rajasthan, Through The Secretary, Department
          Of Home, Government Of Rajasthan, Jaipur, Rajasthan.
2.        The   Director    General         Of     Police,       Rajasthan    Police
          Headquarter, Jaipur, Rajasthan.
3.        The   Superintendent         Of        Police,     Banswara,       District
          Banswara, Rajasthan.
                                                                  ----Respondents


For Petitioner(s)          :    Mr. Mohan Singh Shekhawat.
For Respondent(s)          :    Mr. Kailash Choudhary for
                                Mr. Manish Vyas, AAG.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

23/01/2023

     Learned counsel for the parties submit that the controversy

is squarely covered by the judgment rendered by a co-ordinate

Bench of this Court in the matter of Bharat Dindor Vs. State of

Rajasthan & Ors. (S.B. Civil Writ Petition No.7127/2021)

decided on 14.12.2021, the order dated 14.12.2021 reads as

under:-

     "Though the plea raised by the petitioner has been
     accepted in connected writ petition being Aashish
     Kumar v. State of Rajasthan & Ors.: S.B. Civil Writ
     Petition No. 7352/2021 and other connected matters
     decided today i.e. 14.12.2021, learned AAG made
     submissions that in other matters, there was interim
     order granted by the Court to keep one post vacant,

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                                         however, as in the present case there was no interim
                                         order and factually also, no post pursuant to the
                                         advertisement dated 04.12.2019 (Annex.1) is vacant
                                         and that the petitioner has not impleaded the selected
                                         candidate as party - respondent to the present writ
                                         petition, the petitioner is not entitled to any relief.
                                               In view of the above fact situation, wherein, as
                                         per the statement made by learned AAG, no post is
                                         vacant at MBC Banswara, where petitioner had
                                         applied, and none of the selected candidate has been
                                         impleaded as party-respondent to the present writ
                                         petition, the writ petition filed by the petitioner is
                                         dismissed.
                                               However, in case, the petitioner is able to point
                                         out any vacancy pursuant to the advertisement dated
                                         04.12.2019 (Annex.1) to the respondents, the
                                         petitioner would also be entitled to similar relief as
                                         granted in the case of Aashish Kumar (supra)."

                                          In light of such submission, the present writ petition as well

                                   as stay petition are also dismissed in terms of the order passed by

                                   a Coordinate Bench of this Court in Bharat Dindor (Supra).

                                         All pending applications stand disposed of



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

25-/Jitender//-

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