Ganpat Lal vs State And Ors. ...
2023 Latest Caselaw 5105 Raj

[2023/RJJD/016706]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6962/2009

Ganpat Lal S/o Late Dasu Lal Ji, Maheshwari, aged 60 years, R/o Mavli Junction, District - Udaipur.

----Petitioner Versus

1. State of Rajasthan through the Secretary, Finance, Department, Rajasthan, Jaipur.

2. The Secretary to the Government, Education Department, Government of Rajasthan, Jaipur.

3. The Director, Senior Secondary Education, Rajasthan, Bikaner.

----Respondent

For Petitioner(s) : Mr. Sudheer Saruparia For Respondent(s) : Mr. Sarwan Kumar

JUSTICE DINESH MEHTA Order

23/05/2023

I.A. No.1/2023:

1. For the reasons stated, the application is allowed.

2. The matter is taken up for consideration today itself, in view

of the fact that the matter is covered by a judgment of this Court.

S.B. Civil Writ Petition No. 6962/2009:

1. Mr. Sudheer Saruparia, learned counsel for the petitioner

submits that the controversy involved in the present writ petition

is covered by the decision rendered by the coordinate Bench of this

Court in S.B. Civil Writ Petition No.2716/2010 (Satya Narayan

Inda Vs. State of Raj. & Ors.), decided on 22.03.2010. In the

aforesaid case, the following order has been passed:-

"In view of the fact that in same controversy which was involved in the SBCWP

[2023/RJJD/016706] (2 of 3) [CW-6962/2009]

No.1113/2010, learned Counsel Sh. Hemant Choudhary put in appearance on behalf of respondent, therefore, learned counsel Sh. Hemant Choudhary is directed to accept the notice on behalf of the respondents and particularly the fact that issue involved in this writ petition is squarely covered by the judgment delivered in the case of State of Rajasthan Vs. Raniwas Porwal (D.B. Civil Special Appeal No.208/2006, decided on 13.12.2007) heard learned counsel for the parties and in view of the legal position referred above decided in Raniwas Porwal's case (supra), this writ petition is also disposed of in terms of the judgment delivered in the case of Raniwas Porwal's case."

2. Since, substantial period has elapsed since the petitioner has

filed the representation, the present writ petition is disposed of

with direction to the petitioner to address a fresh representation

before the competent authority of the respondents within a period

of four weeks along with photostat copy of the earlier

representation and a certified copy of the order instant and the

copy of the judgment in the case of Raniwas Porwal (supra).

3. In case representation is so addressed, the competent

authority shall consider the same, in accordance with law including

judgment in the case of Raniwas Porwal (supra), as early as

possible, preferably within a period of eight weeks from the

receipt of the representation.

4. It is made clear that aforesaid direction to decide the

representation has been issued only with a view to ensure

expeditious redressal of petitioner's grievance. The same may not

[2023/RJJD/016706] (3 of 3) [CW-6962/2009]

be construed to be an order to decide the representation in a

particular manner.

(DINESH MEHTA),J 23-Ramesh/-

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