Disposed

Nar Singh v. State and Anr.

Rajasthan HC1 Apr 2008CW/122/2008

Case brief

AI extract

What is this about?

The court directed that the interim protection order dated 08.01.2008 would continue until the stay application was heard by the appellate authority, unless the appeal was transferred to another authority, in which case the order would operate for 15 days.

What did the court decide?

Direction for continuation of interim protection pending stay application before appellate authority, subject to transfer conditions

Nar Singh Vs State and Anr. — Rajasthan HC (2008) — LawSathi Research

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S.B. CIVIL WRIT PETITION No. 122/2008 [NAR SINGH VS. STATE & ANR.] Dated : 01.04.2008

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HON'BLE MR. MUNISHWAR NATH BHANDARI, J.

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Mr.A.K.Singh for the petitioner. Mr. H.R.Chawla for the respondent.

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With the consent of the parties, the matter was heard finally.

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The only grievance raised by the learned counsel for the petitioner is that though he has preferred an appeal before the Addl. Commissioner (Colonisation) cum Revenue Appellate Authority, Jaisalmer against the order dated 02.11.2007, however, due to non-availability of the appellate authority, his matter could not be heard for grant of interim order. The prayer of the petitioner is thus, till the matter is heard by the appellate authority on stay application, the interim protection granted by this Court on order dated 08.01.2008 may be continued.

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Learned counsel for the respondents submits that the appeal so preferred by the petitioner was transferred to other Competent Authority thus, the petitioner can press his appeal for grant of interim order before the authority to whom the appeal of the petitioner has been transferred.

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Looking to the short controversy involved in the present matter, I direct that if the appeal preferred by the petitioner has already been transferred then the matter may be heard by the appellate authority on the stay application forthwith or if the appeal so preferred by the petitioner is not being transferred and awaiting the posting of the appellate authority then the order passed by this Court dated 08.01.2008 shall continue till the matter is heard on the stay application by the appellate authority now to be posted at Jaisalmer. It is made clear that in case of transfer of appeal to other authority and matter is ready for hearing on stay application then this order will not operate in favour of the petitioner beyond a period of 15 days. However, in case the matter is not transferred to other authority then the direction aforesaid will operate till the first day of hearing of appeal by the appellate authority now to be posted or already posted at Jaisalmer.

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With the aforesaid clarification/direction this writ petition is disposed of . However, it is made clear that appellate authority may hear the stay application at the earliest in view of the direction made above.

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(MUNISHWAR NATH BHANDARI), J.

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mamta

Nar Singh v. State and Anr.

Case brief

What is this about?

What did the court decide?

Nar Singh v. State and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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