Shri Kishan vs The State Of Rajasthan ...
2024 Latest Caselaw 8386 Raj

Rajasthan High Court - Jodhpur

Shri Kishan vs The State Of Rajasthan ... on 23 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:39588]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 6312/2019

Shri Kishan S/o Shri Guttudas, Aged About 60 Years, Resident Of
Village And Post Office Ladnu, Tehsil- Ladnu, District- Nagaur.
                                                                    ----Petitioner
                                    Versus
1.       The State Of Rajasthan, Through Secretary, Co-Operative
         Department, Government Of Rajasthan, Jaipur.
2.       The Co-Operative Department, Through Its Registrar,
         Nehru Shakar Bhawan, Jaipur.
3.       The Nagour Central Co-Operative Bank Limited, Through
         Its Managing Director, Nagour (Raj.).
4.       Silanwad Gram Sewa Sahkari Samiti Ltd., Through Its
         Chairman, District- Nagour.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Ram Dev Potalia
For Respondent(s)         :     Mr. T.S. Champawat
                                Mr. Tej Singh Rathore



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

23/09/2024

1. Learned counsel for the respondent submits that the present

case is squarely covered by the judgment of this Court delivered

on 14/09/2018 in a batch of writ petitions led by D.B. Civil Writ

Petition No. 5016/2016 (Daluram Kumawat vs. State of Rajasthan

& Ors.). However, learned counsel submits that the validity of this

judgment dated 14/09/2018 is assailed before the Hon'ble

Supreme Court wherein the Hon'ble Supreme Court has stayed the

operation of the judgment vide its order dated 14/03/2019. He

further submits that in any case, the case of the petitioner will be

[2024:RJ-JD:39588] (2 of 2) [CW-6312/2019]

covered by the decision of the Hon'ble Supreme Court in Petition

for Special Leave to Appeal (Civil) No. 7484/2019 and other

connected matters.

3. In the circumstances, the writ petition is disposed of with

the observation that the relief prayed for in this writ petition shall

be extended to the petitioner in the light of the judgment passed

by the Hon'ble Supreme Court in the aforesaid pending SLPs and

connected matters.

4. Needless to observe that the consideration of entitlement of

the petitioner other than the pronouncements made by Hon'ble

Supreme Court will depend upon the entitlement as per the Rules

and the judgment rendered in S.B. Civil Writ Petition

No.3497/1999 "Rajasthan Sahakari Karamchari Sangh, Jaipur &

Ors. Vs. The Government, Co-operative Department & Ors." dated

09.10.2018.

(VINIT KUMAR MATHUR),J 408-SanjayS/-

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