Rajasthan High Court - Jodhpur
State Of Rajasthan vs Narendra Singh Lalas ... on 16 May, 2023
Bench: Vijay Bishnoi, Praveer Bhatnagar
[2023/RJJD/015509]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 234/2021
1. State Of Rajasthan, Through Secretary Department Of
Rural Development And Panchayati Raj, Government Of
Rajasthan, Jaipur (Raj.)
2. The Chief Executive Officer, Zila Parishad Dholpur, District
Dholpur, Rajasthan.
3. The Development Officer, Panchayat Samiti Rajakheda,
District Dholpur, Rajasthan.
----Appellants
Versus
Narendra Singh Lalas S/o Shri Bhanwar Singh, Aged About 43
Years, R/o 97, Laxmi Nagar, Paota C Road, District Jodhpur,
Rajasthan.
----Respondent
For Appellant(s) : Mr. Pranjul Mehta
For Respondent(s) : Mr. Dheerendra Singh Sodha
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
16/05/2023
Learned counsel for the appellants has submitted that the
impugned order dated 08.01.2019 has been passed by the learned
Single Judge without affording any opportunity of hearing to the
appellants. It is further submitted that in identical matter, this
Court vide judgment dated 03.02.2023 has allowed D.B. Special
Appeal Writ No.351/2021 preferred on behalf of the State and
remanded the matter to the learned Single Judge for fresh
adjudication after providing opportunity of hearing to the
appellants.
[2023/RJJD/015509] (2 of 3) [SAW-234/2021]
Learned counsel for the respondent is not in position to
dispute the above fact.
In identical matter being D.B. Special Appeal Writ
No.351/2021 a Co-ordinate Bench of this Court has passed
following order :
"Heard. Perused the record of the case.
This Court observes that impugned judgment was
passed ex parte , without affording an opportunity of
hearing to the State- Appellants and the persons whose
seniority would be affected as a consequence of the
grant of notional benefits and seniority to the
respondent vide the impugned judgment.
This Court is of the firm opinion that it would be
in the interest of justice to grant the aforementioned
parties an opportunity of hearing, and on this count,
the impugned judgment, dated 08.01.2019 is hereby
reversed. Accordingly, S.B. Civil Writ Petition
No.327/2019 is revived and shall be placed before the
learned Single Judge concerned for fresh consideration.
The concerned State authorities shall appear before the
learned Single Judge without issuance of notice and file
the reply.
The present appeal is thus disposed of in the
aforesaid terms. Accordingly, the stay application also
stands disposed of."
In view of the above, this Special Appeal is allowed in terms
of the judgment dated 03.02.2023 passed by the Division Bench
of this Court in D.B. Special Appeal Writ No.351/2021 and the
order dated 08.01.2019 passed in S.B. Civil Writ Petition
No.221/2019 is hereby reversed.
[2023/RJJD/015509] (3 of 3) [SAW-234/2021]
Resultantly, S.B. Civil Writ Petition No.221/2019 is revived
and shall be placed before the learned Single Judge concerned for
fresh consideration.
The concerned State Authorities shall appear before the
learned Single Judge without issuance of the notice, and file the
reply.
(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J
44-Suraj/-
Powered by TCPDF (www.tcpdf.org)
