Rajasthan High Court
Mali Ram Sharma S/O Deva Ram Sharma vs The State Of Rajasthan ... on 28 March, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:15006]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4523/2024
1. Mali Ram Sharma S/o Deva Ram Sharma, Aged About 69
Years, R/o Bawdi Kee Dhani, Bilochi, Jaipur, Rajasthan.
2. Babu Lal Gupta S/o Ramji Lal Gupta, Aged About 75
Years, R/o A-7-A, Kishan Marg, Netaji Subhash Nagr 1St,
Tonk Road, Jaipur, Rajasthan.
3. Shashi Kala Sharma W/o B.L. Sharma, Aged About 68
Years, R/o 376, Barkat Nagar, Tonk Phatak, Gandhi Nagar,
Jaipur, Rajasthan.
4. Kalpana Sharma W/o Som Prakash Sharma, Aged About
61 Years, R/o House No. 128, Shrirish, Station Road, Civil
Lines, Kota, Rajasthan.
5. Madhu Sudan Sharma S/o Vishvamitra Sharma, Aged
About 61 Years, R/o E-170, Lohagal Road, Shastri Nagar,
Ajmer, Rajasthan.
6. Bhagwana Ram Kuldeep S/o Mangana Ram, Aged About
65 Years, R/o Plot No. 52, Ganga Colony, Khatipura,
Jaipur, Rajasthan.
7. Mohabbat Singh Rathore S/o Jai Singh Rathore, Aged
About 61 Years, R/o 213, Nirman Nagar-D, Heerapura
Ward No. 03, Ajmer Road, Jaipur, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Home, Govt. Secretariat, Rajasthan,
Jaipur.
2. The Director General Of Police, Rajasthan, Jaipur.
3. The Additional Director General Of Police, Cid (Crime
Branch), Rajasthan, Jaipur.
4. The Superintendent Of Police, Administration And Prc, Cid
(Crime Branch), Rajasthan, Jaipur.
5. State Of Rajasthan, Through Its Principal Finance
Secretary, Secretariat, Rajasthan, Jaipur.
6. The Commissioner, Commercial Tax Department,
Rajasthan, Jaipur.
7. The Registrar, Cooperative Societies, Rajasthan, Jaipur.
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[2024:RJ-JP:15006] (2 of 4) [CW-4523/2024]
8. The Director, Command Area Development, Chambal
Project, Kota, Rajasthan.
9. The Commissioner, Commissionearte Of Agriculture,
Rajasthan, Jaipur.
10. The Managing Director, Rajasthan State Cooperative
Consumer Federation Ltd. (Confed), 237, Iind Floor,
Neharu Sahkar Bhawan, Bhawani Singh Road, Jaipur
(Raj.)
11. The Registrar, Rajasthan State Cooperative Consumer
Federation Ltd. (Confed), 237, Iind Floor, Neharu Sahkar
Bhawan, Bhawani Singh Road, Jaipur (Raj.)
12. The Director, Treasury And Accounts Department,
Rajasthan, Jaipur.
13. The Director, Department Of Pension And Pensioners
Welfare, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Dheeraj Palia & Mr. Kapil Khandelwal
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Order
28/03/2024
1. Learned counsel for the petitioners submits that the
controversy involved in the present case is squarely covered by
the Division Bench judgment in the case of Ramesh Chander
Gupta Vs. State of Rajasthan and Ors. (D.B. Civil Writ
Petition No. 2800/2021) and other connected matters,
decided on 17.10.2023.
2. In these circumstances, learned counsel for the petitioners
seeks liberty to approach respondent/s by way of filing
representation for redressal of their grievances in the light of
[2024:RJ-JP:15006] (3 of 4) [CW-4523/2024]
judgment rendered by this court in the case of Ramesh Chander
Gupta (supra).
3. In the case of Ramesh Chander Gupta (supra), Division
Bench of this Court inter-alia while referring to orders passed in
Union of India & Ors. Vs. Manohar Lal & Ors.: D.B. Civil Writ
Petition No. 5445/2022, decided on 07.08.2023 & the
Commissioner, Kendriya Vidyalaya Sangathan & Anr. Vs.
Ram Karan Bhakar & Ors.: D.B. Civil Writ Petition No.
4139/2022 decided on 25.07.2023 as well as judgment of
Hon'ble Supreme Court in the case of Director (Admn. &
HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors.: 2023 SCC
online SC 401 has passed the following directions:-
"It is also brought to the notice of this Court that Special
Leave Petition (C) No. 3420/2023 and Special Leave
Petition (C) No. 1011/2023 have also been disposed off
on 19.05.2023. A copy of the orders dated 11.04.2023
and 19.05.2023 passed by Hon'ble Supreme Court have
also been placed on record. Therefore, the present
petitions are also disposed off on the same terms with
direction to the respondents to consider the claim of the
petitioners and pass appropriate orders and other
consequential benefits as per their entitlement. Whatever
amount is found payable be also released within a period
of one month. Accordingly, the present petitions are
disposed of."
4. Ordered accordingly.
5. In the event of filing a representation by the petitioners, the
respondent/s shall consider the claim of the petitioners and pass
an appropriate order within two months from the date of receipt of
representation with certified copy of this order and that too in
accordance with law and the observations made in the case of
[2024:RJ-JP:15006] (4 of 4) [CW-4523/2024]
Ramesh Chander Gupta (supra), read with order dated
11.04.2023 in SLP(C) No. 3420/2023 and order dated
19.05.2023 in SLP(C) No. 1011/2023 passed by Hon'ble
Apex Court, as has been referred in the case of C.P.
Mundinamani & Ors. (supra).
6. The present writ petition stands disposed of.
7. The order has been passed based on the submissions made
by the learned counsel for the petitioners and the averments
made in the writ petition. The respondent/s would be at liberty to
examine the veracity of the submissions made in the writ petition
in the light of the observations made by the Division Bench of this
court in the case of Ramesh Chander Gupta (supra), and only
in case the averments made therein are found to be correct, the
petitioners be extended the relief as prayed with consequential
benefits as ordered in the case of Ramesh Chander Gupta
(supra), read with order dated 11.04.2023 in SLP(C) No.
3420/2023 and order dated 19.05.2023 in SLP(C) No.
1011/2023 passed by Hon'ble Apex Court, as has been
referred in the case of C.P. Mundinamani & Ors. (supra).
8. Since the main petition has been disposed of, the stay
application as well as pending application/s, if any, also stand
disposed of.
(GANESH RAM MEENA),J
Ashish Kumar /14
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