Surjaram vs State Of Rajasthan (2024:Rj-Jd:40149)
2024 Latest Caselaw 8581 Raj

Rajasthan High Court - Jodhpur

Surjaram vs State Of Rajasthan (2024:Rj-Jd:40149) on 26 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:40149]                       (1 of 2)                       [WMAP-280/2024]


        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       AT JODHPUR
                S.B. Writ Misc Application No. 280/2024

Surjaram S/o Shivchand, Aged About 59 Years, R/o Village And
Post Taranagar, Tehsil Taranagar, District Churu (Presently
Working As Head Constable (Mt), Police Line, Churu)
                                                                        ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through The Secretary To The
         Government,         Department             Of   Home,       Government      Of
         Rajasthan, Secretariat, Jaipur.
2.       Director General Of Police, Rajasthan, Jaipur
3.       Inspector General Of Police, Bikaner Range, Bikaner
4.       Superintendent Of Police, Churu
                                                                     ----Respondents


For Petitioner(s)              :    Mr. Sanjay Kumar Poonia.
For Respondent(s)              :    Mr. Deepak Chandak for
                                    Mr. B.L. Bhati, AAG.



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

26/09/2024

Heard learned counsel for the petitioner- applicant.

Learned counsel for the petitioner submits that on

02.08.2024, the writ petition was disposed of in terms that the

petitioner is permitted to file a representation for redressal of his

grievance and the respondent department was to decide the same

expeditiously in the light of order dated 01.06.2007 passed by a

Coordinate Bench of this Court in S.B.Civil Writ Petition

No.6698/2003 (Om Prakash vs. State of Rajasthan & Ors.),

decided on 01.06.2007. However, the order dated 02.08.2024 was

[2024:RJ-JD:40149] (2 of 2) [WMAP-280/2024]

passed deciding the writ petition in the light of judgment rendered

by a Coordinate Bench of this court in the case of Om Prakash &

Ors. vs State of Rajasthan & Ors.: S.B.Civil Writ Petition

No.21214/2017, decided on 21.11.2017. He submits that a

bonafide error has crept in while deciding the writ petition in the

light of judgment of Om Prakash supra). He, therefore, prays that

the order dated 02.08.2024 passed in S.B.Civil Writ Petition

No.12506/2024 may be recalled and the writ petition may be

decided in the light of judgment rendered by this Court in the case

of Om Prakash decided on 01.06.2007.

The application filed by the petitioner is not opposed by the

counsel for the respondents.

In view of the submission made and the contentions raised

in the application, the application for recalling is allowed. The

order dated 02.08.2024 is recalled.

The present writ petition is disposed of with liberty to the

petitioner to file a fresh representation for redressal of his

grievance. In the event of filing such representation, the

respondents shall consider and decide the same in the light of

order dated 01.06.2007 passed by a Coordinate Bench of this

Court in S.B.Civil Writ Petition No.6698/2003 (Om Prakash

vs. State of Rajasthan & Ors.) within a period of six weeks

from the date of receipt of certified copy of this order.

(VINIT KUMAR MATHUR),J 463-Anil Singh/-

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