Rajasthan High Court - Jodhpur
Pradeep Purbia vs The State Of Rajasthan ... on 22 August, 2025
[2025:RJ-JD:37685]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15851/2025
Pradeep Purbia S/o Manna Lal, Aged About 34 Years, 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. The Director Cum Officiating Joint Secretary, Directorate
Of Treasury And Account, Rajasthan, Jaipur.
3. The Chief Executive Officer, Zila Parishad Udaipur.
4. The Vikas Adhikari, Panchayat Samiti Gogunda, Udaipur,
District Udaipur.
----Respondents
For Petitioner(s) : Mr. Chaturbhuj
Mr. Gorkh Singh
For Respondent(s) : Mr. Mahaveer Pareek, Government
Counsel
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
22/08/2025
1. Heard the writ petition at the admission stage.
2. The present writ petition has been filed challenging the order
dated 07.08.2025 (Annex.5) passed by the respondents, whereby
the petitioner was directed to be relieved in compliance with the
transfer order dated 15.01.2025.
3. The case of the petitioner is that he approached this Court
on the previous round of litigation by filing a writ petition
challenging the transfer order dated 15.01.2025. The petitioner's
writ petition was disposed of on the basis of the judgment of the
learned Single Judge in S.B. Civil Writ Petition No.1775/2025
[2025:RJ-JD:37685] (2 of 3) [CW-15851/2025]
titled 'Devendra Choudhary Vs. State of Rajasthan & Ors.'
and other connected matters. The respondents have not
challenged that order; however, they only challenged the order in
Devendra Choudhary's case (supra), and a stay was obtained
in that case. Without challenging the petitioner's order, which,
though passed on the basis of Devendra Choudhary's case
(supra), the respondents could not have issued the relieving order,
as it would be contrary to the orders operating in the field.
Therefore, he seeks quashment of the order dated 07.08.2025.
4. Learned counsel for the respondents submits that the
foundational judgment for all the orders of this Court challenging
the transfer order dated 15.01.2025 is the order in Devendra
Choudhary's case (supra). That case was stayed by the Division
Bench in D.B. Special Appeal Writ No.678/2025 titled 'State
of Rajasthan & Ors. Vs. Devendra Choudhary'. By operation
of the Division Bench's order, all orders passed relying on that
judgment stand rendered inoperative.
5. The argument advanced by learned counsel for the
respondents is unmerited. Though the order was passed on the
basis of Devendra Choudhary's case (supra), simply because
that case has been stayed, without challenging subsequent orders
passed based on that case, they cannot contend that the order is
automatically nullified. The reasons given in Devendra
Choudhary's case (supra) were only adopted in nature by the
subsequent judgment; merely because Devendra Choudhary's
case (supra) was set aside, other judgments do not become
inoperative unless challenged before the appropriate forum. While
allowing the operation of such orders, the respondents ought not
[2025:RJ-JD:37685] (3 of 3) [CW-15851/2025]
to have taken the recourse they have taken in the present
impugned proceedings.
6. At most, the order impugned in the present writ petition is,
technically speaking, contrary to the orders obtained by the
petitioner in the previous writ petition filed by him. At most, it
may amount to disobedience of the orders obtained in the
previous writ petition. The petitioner must take recourse to
contempt proceedings and cannot file repeated writ petitions for
non-compliance/violation of the order.
7. In view of the aforesaid, the present writ petition is
dismissed, while giving liberty to the petitioner to move
contempt proceedings.
(MUNNURI LAXMAN),J
201s-PoonamS/-
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