Rajasthan High Court - Jodhpur
Pradeep Purbia vs The State Of Rajasthan ... on 28 August, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:38586]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Contempt No. 1182/2025
Pradeep Purbia S/o Shri Manna Lal, Aged About 34 Years, R/o
Ora Oda, Tehsil - Jhadol, District Udaipur (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Department
Of Treasury And Account, Secretariat, Rajasthan, Jaipur.
2. Vaibhav Galaria, The State Of Rajasthan, Through
Secretary, Department Of Treasury And Account,
Secretariat, Rajasthan, Jaipur.
3. Brijesh Sharma, The Director Cum Officiating Joint
Secretary, Directorate Of Treasury And Account,
Rajasthan, Jaipur.
4. Reeya Dabi, The Chief Executive Officer, Zila Parishad
Udaipur.
5. Maheep Singh Jagawat, The Vikas Adhikari, Panchayat
Samiti Gogunda, Udaipur, District Udaipur.
----Respondents
For Petitioner(s) : Mr. Chatur Bhuj
HON'BLE MS. JUSTICE REKHA BORANA
Order
28/08/2025
1. The present contempt petition has been filed alleging
disobedience of order dated 10.02.2025 passed in S.B. Civil Writ
Petition No.3586/2025 (Annexure-2).
2. Vide order dated 10.02.2025, the petition as filed by the
present petitioner was disposed of on the same terms as in
Devendra Choudhary Vs. State of Rajasthan & Ors.;S.B. Civil Writ
Petition No.1775/2025 (decided on 28.01.2025).
[2025:RJ-JD:38586] (2 of 4) [WCP-1182/2025]
3. In Devendra Choudhary (supra), a Coordinate Bench of this
Court while keeping in abeyance the transfer orders in all the said
writ petitions, disposed of the petitions with certain directions vide
order dated 28.01.2025.
4. Order dated 28.01.2025 as passed in Devendra Choudhary
(supra), was assailed by the State in D.B. Special Appeal
No.678/2025.
5. Vide interim order dated 29.07.2025 passed in the said
Special Appeal, the effect and operation of order dated
28.01.2025 as passed in Devendra Choudhary (supra) was stayed.
6. As a consequence, the State Department passed order dated
07.08.2025 directing all the incumbents to join at their transferred
places of posting.
7. Counsel for the petitioner submits that order dated
07.08.2025 is in disobedience of order dated 10.02.2025 as it is
only the order passed in the case of Devendra Choudhary (supra)
and the petitioners therein qua whom the order was stayed. No
special appeal was filed by the State against order dated
10.02.2025 passed in the petition of the present petitioner and
hence, the interim order passed by the Division Bench on
29.07.2025 would not apply to the present petitioner.
8. This Court is of the clear opinion that the averment as made
by counsel for the petitioner is totally fallacious and untenable.
9. As is the settled position of law, when a petitioner claims to
be covered by some order passed in an identical petition, he
definitely has to 'swim and sink' with the result of the said
identical petition. In Narendra Kumar Chobdar & Ors. v. State
of Rajasthan & Ors.: S.B. Civil Writ Petition No.15076/2017
[2025:RJ-JD:38586] (3 of 4) [WCP-1182/2025]
(order dated 22.03.2018) a Coordinate Bench of this Court, while
dealing with a similar situation, observed and held as under:-
"It may be observed that on account of tradition of
the Courts, essentially meant for maintaining parity
between similarly situated petitioners, of following the
orders passed by Coordinate Benches at
Jodhpur/Jaipur in case of granting interim order and
of taking the submissions made in this regard on face
value, sometimes the same results in a complete web
of orders wherein each subsequent order refers to
some previous order and as to what essentially was
the subject matter of the earlier writ petitions and/or
whether the subject matter in fact is identical or not
is lost sight of.
Once the interim order is granted following/based on
a particular interim order passed in another case, the
petitioner claiming similarity while obtaining interim
order has to swim or sink together i.e. the order in
subsequent case has to follow the same fate as in the
earlier case or vice versa."
10. Applying the ratio of Narendra Kumar Chobdar (supra), in
Deepak Sharma & Ors. V Government of Rajasthan &
Ors.;S.B. Civil Writ No.9540/2018 (decided on 08.10.2018),
the Court held as under:-
"As noticed, the observations made in the case of
Narendra Kumar Chobdar (supra) applies to the
present case as well, wherein, the petitioners have
obtained orders based on the interim orders granted
at Jaipur Bench and once the case at Jaipur Bench,
which is claimed to be similar to the present case, has
been decided, the same fate has to visit the case of
the petitioners in the present writ petitions and the
petitioners now cannot be heard to claim that their
case is different and/or that in the judgment of the
similarly situated persons, the facts are
distinguishable."
11. Herein, admittedly, order dated 10.02.2025 was passed in
light of Devendra Choudhary (supra) and the same having been
[2025:RJ-JD:38586] (4 of 4) [WCP-1182/2025]
stayed by Division Bench vide order dated 29.07.2025, the
present petitioner definitely would also be covered by the said
order.
12. No case of contempt is made out and the contempt petition
is hence dismissed.
13. Stay petition and pending application, if any, stand disposed
of.
(REKHA BORANA),J
294-DhananjayS/-
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