Mohammad Salim vs The State Of Rajasthan ...
2023 Latest Caselaw 3801 Raj

Citation : 2023 Latest Caselaw 3801 Raj
Judgement Date : 1 May, 2023

Rajasthan High Court - Jodhpur

Mohammad Salim vs The State Of Rajasthan ... on 1 May, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/012726]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 275/2023

Ishwar Lal S/o Shri Mangla Ji, Aged About 39 Years, R/o Mathu Gamda Pal Fala Tapra, District Dungarpur (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.

3. The Municipal Council, Dungarpur, District Dungarpur Through Its Commissioner.

----Respondents Connected With S.B. Civil Writ Petition No. 278/2023 Jayanti Lal Harijan S/o Shri Sardariya Harijan, Aged About 39 Years, R/o Basti Obari, Ward No. 6, Obri, Dungarpur, Dungarpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.

3. The Municipal Council, Dungarpur, District Dungarpur Through Its Commissioner.

----Respondents S.B. Civil Writ Petition No. 330/2023 Mohammad Salim S/o Sikandar Khan, Aged About 50 Years, Mohalla Chamanpura Ghati, Dungarpur, District Dungarpur (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Local

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Self Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director Local Self Government, Government Of Rajasthan, Jaipur.

3. The Municipal Council, Dungarpur, District Dungarpur Through Its Commissioner.

----Respondents S.B. Civil Writ Petition No. 331/2023 Lal Shankar Nanoma S/o Shri Nathulal Ji, Aged About 47 Years, R/o. 43, School Ke Pas, Mukhya Ganv Siyaladari (Biladi), District Dungarpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director Local Self Government, Government Of Rajasthan, Jaipur.

3. The Municipal Council, Dungarpur, District Dungarpur Through Its Commissioner.

----Respondents S.B. Civil Writ Petition No. 358/2023 Imran Khan S/o Shri Abdul Rehman, Aged About 37 Years, R/o Sonia Chowk Chamanpura, District Dungarpur (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.

3. The Municipal Council, Dungarpur, District Dungarpur Through Its Commissioner.

----Respondents S.B. Civil Writ Petition No. 359/2023 Mulchand Nanoma S/o Dewa, Aged About 44 Years, R/o Gaav

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Siyaldari, Mukam Post Bhildi, Dungarpur District Dungarpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.

3. The Municipal Council, Dungarpur, District Dungarpur Through Its Commissioner.

----Respondents S.B. Civil Writ Petition No. 362/2023 Nandlal Bhoi S/o Shri Gautamlal, Aged About 48 Years, R/o Bhoiwara Ward No. 16, District Dungarpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.

3. The Municipal Council, Dungarpur, District Dungarpur Through Its Commissioner.

----Respondents S.B. Civil Writ Petition No. 370/2023 Shankar Lal Fanat s/o Shri Hurma Fanat, Aged About 37 Years, R/o.Ward No. 5, Biliya Fala, Ganv Palwara, District Dungarpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.

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3. The Municipal Council, Dungarpur, District Dungarpur Through Its Commissioner.

----Respondents S.B. Civil Writ Petition No. 496/2023 Mohammad Akil S/o Shri Nazir Mohammad, Aged About 45 Years, R/o Mulla Ghati, Hussaine Gali, Khadiya, District Dungarpur (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Local Self Department, Government Of Rajasthan, Jaipur.

3. The Municipal Council, Dungarpur, District Dungarpur Through Its Commissioner.

----Respondents S.B. Civil Writ Petition No. 498/2023 Mohammad Tausif S/o Shri Mohammad Hussain Pathan, Aged About 33 Years, R/o Hakim Ji Ki Gali, Mohalla Ghati, Chamanpura, District Dungarpur (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Local Self Department, Government Of Rajasthan, Jaipur.

3. The Municipal Council, Dungarpur, District Dungarpur Through Its Commissioner.

----Respondents

For Petitioner(s) : Mr. Devkinandan Vyas For Respondent(s) : Mr. Rajesh Parihar with Mr. Kuldeep Rajput

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

[2023/RJJD/012726] (5 of 5) [CW-275/2023]

Order

01/05/2023 It is submitted by learned counsel for the petitioners that the issue raised by the petitioners in the present writ petitions is squarely covered by judgment in the case of Jitendra Kumar Tailor v. The State of Rajasthan & Ors.: S.B. Civil Writ Petition No.1952/2019, decided on 06.07.2020, which in turn had relied on order in the case of Roshan Lal Saini v. State & Ors.: S.B. Civil Writ Petition No.18056/2015, decided on 09.03.2017.

In the case of Jitendra Kumar Tailor (supra), a Co-ordinate Bench of this Court inter alia directed as under:

"In this view of the matter, I deem it just and appropriate to dispose of this writ petition with a direction to the State Govt. to decide the matter at the earliest to facilitate issuance of requisite order of regularization of petitioner's services, strictly in accordance with law. The requisite exercise be undertaken by the State Govt. at the earliest, preferably within a period of four weeks from the date presentation of this order."

Learned counsel for the respondents, is not in a position to dispute the fact that the issue raised in the present writ petition is covered by judgment in the case of Jitendra Kumar Tailor (supra).

In view of the above fact situation, the writ petitions filed by the petitioners are disposed of, in light of and with similar directions as given in the case of Jitendra Kumar Tailor (supra).

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 petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J 42-51/SanjayS/-