Anand Kumar vs The State Of Rajasthan ...
2024 Latest Caselaw 8269 Raj

Rajasthan High Court - Jodhpur

Anand Kumar vs The State Of Rajasthan ... on 20 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:39027]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 14755/2024

Anand Kumar S/o Late Shri Mohan Lal Ji, Aged About 54 Years,
R/o 210, Kirti Nagar, Jodhpur (Raj.).
                                                                         ----Petitioner
                                         Versus
1.       The    State      Of       Rajasthan,       Through          The     Secretary,
         Department Of Rural Development And Panchayati Raj,
         Secretariat, Rajasthan, Jaipur.
2.       The Deputy Secretary Cum Commissioner, Panchayati Raj
         Department, Secretariat, Rajasthan, Jaipur.
3.       The Chief Executive Officer, Zila Parishad, Jaisalmer,
         District Jaisalmer.
4.       The Vikas Adhikari, Panchayat Samiti Sankara, District
         Jaisalmer.
                                                                      ----Respondents


For Petitioner(s)              :    Mr. J.S. Bhaleria
For Respondent(s)              :    Mr. Manish Patel, AAG with
                                    Mr. Kuldeep Singh Solanki
                                    Mr. Bhawani Singh



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

20/09/2024

1. Heard learned counsel for the parties.

2. Learned counsel for the petitioner submits that the

controversy involved in the present case is squarely covered by a

judgment rendered by this Court in S.B. Civil Writ Petition

No.10409/2024 (Dr. Mahesh Kumar Panwar Vs. State of

Rajasthan & Ors.) decided on 09.09.2024 in the following terms:

"The discussion made above, therefore, clearly shows that the awaiting posting order passed in the present case is not in- conformity with the provisions of

[2024:RJ-JD:39027] (2 of 2) [CW-14755/2024]

law discussed above as neither it discloses any administrative exigency or emergent nature nor appropriate permission from the office of the Hon'ble Chief Minister was obtained before passing the order impugned. Consequently, the writ petition merits acceptance. The same is allowed. The order impugned dated 24.06.2024 (Annex.5) and its consequential relieving order dated 25.06.2024(Annex.6) are quashed and set aside.

No order as to costs.

The stay application and other pending applications, if any, also stand disposed of."

3. Learned counsel for the respondents is not in a position to

refute the submission made by counsel for the petitioner.

4. In view of the submission made before this Court, the

present writ petition is also allowed in terms of the judgment

rendered by this Court in the case of Dr. Mahesh Kumar

Panwar (supra). The order impugned dated 28.08.2024 putting

the petitioner under APO is quashed and set-aside.

(VINIT KUMAR MATHUR),J 426-/Arun P/-

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