The High Court dismissed the writ petition seeking a stay on a transfer order. The court held that the stay expired automatically because the petitioner failed to pay registry charges and serve notices within the stipulated two-week period.
The writ petition and the interim stay order on the transfer are dismissed; the transfer order stands effective.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.B. CIVIL WRIT PETITION NO.3187/2009 Kuldeep Singh Versus State of Rajasthan & Ors.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. CIVIL WRIT PETITION NO.3187/2009
(Kuldeep Singh Versus State of Rajasthan & Ors.)
Date of Order : 01st May, 2012
HON'BLE MR. JUSTICE M.N. BHANDARI
None is present for the petitioner.
By the Court:
In this writ petition, an interim order was passed against the order of transfer on 22nd April, 2009.
The petitioner filed process fee and notices but registry charges have not been filed, thus notices were not issued. On 21.03.2012, specific direction was given to file process fee and notices pursuant to direction of this Court dated 22nd April, 2009 within two week, failing which the stay order was to stand as vacated without reference to this Court. As per report, registry charges have not yet been filed pursuant to direction of this Court dated 22nd April, 2009, accordingly stay order comes to an end automatically.
None is there to press the writ petition against the order of transfer, which otherwise remained under stay for literally three years.
S.B. CIVIL WRIT PETITION NO.3187/2009 Kuldeep Singh Versus State of Rajasthan & Ors.
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In the aforesaid background and looking to lapse of petitioner, who had not initiate any action to serve the notices by register post mode, the stay order has already came to an end pursuant to order dated 21st March, 2012. Accordingly, I do not find any reason to continue stay order or to interfere in the order of transfer now, moreso when, petitioner has already continued at one and the same place for last three years.
Accordingly, the writ petition is dismissed in view of serious lapse of petitioner in not serving the respondents in a period of three years.
(M.N. BHANDARI),J.
S/No.49 Preety, Jr.P.A.
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Preety Asopa Jr.P.A.
1 issue framed by the court
Whether the stay order on the transfer order should be continued given the petitioner's failure to serve notices for three years.
Kuldeep Singh
State of Rajasthan
M.N. BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
