Jai Kishan And Ors vs State And Ors. ...
2023 Latest Caselaw 6825 Raj

[2023:RJ-JD:27812]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 7131/2014

Jai Kishan And Ors.

----Petitioners Versus State And Ors.

----Respondents

For Petitioner(s) : Mr. M.K. Dudy for Mr. Rameshwar Dave For Respondent(s) : Mr. Anil Kumar Bissa

JUSTICE DINESH MEHTA

Order

04/09/2023

1. Learned counsel appearing for the petitioners submits that in

an exactly similar controversy, in a bunch of writ petitions, led by

S.B. Civil Writ Petition No.8909/2014 : Khinya Ram & Ors. Vs.

State of Rajasthan & Ors., following the judgment of Hon'ble the

Supreme Court rendered in the case of State of Punjab & Ors. Vs.

Rafiq Masih (White Washer) etc. reported in (2014) 8 SCC 883, a

Coordinate Bench of this Court has allowed those writ petitions.

2. Mr. Bissa, learned counsel for the respondent - State is not

in a position to dispute the aforesaid factual and legal position.

3. In view of the above, present writ petition is also allowed

following the reasoning given in Khinya Ram (supra).

4. The impugned order dated 09.07.2014, issued in furtherance

of audit objection dated 09.06.2014, seeking recovery of amount

from the petitioners is hereby quashed and set aside.

[2023:RJ-JD:27812] (2 of 2) [CW-7131/2014]

5. Stay application also stands disposed of.

(DINESH MEHTA),J 5-Ramesh/-

Powered by TCPDF (www.tcpdf.org)