This single-judge order disposes of a writ petition by directing the State to accept notice and submit a detailed representation to be considered objectively within eight weeks in light of the Jagdish Bhanoda judgment.
Directed State to accept notice and consider representation within eight weeks; benefits to be granted within two weeks if entitled.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
S.B. CIVIL WRIT PETITION NO.345/2016
(NOOR MOHD. V/S STATE OF RAJASTHAN & ORS.) ***
DATE OF ORDER 11.01.2016
HON'BLE MS JAISHREE THAKUR, J
Mr.K.K.Patel for the petitioner. Mr.Mr.Manish Patel, AGC for the State.
Heard.
Learned counsel for the petitioner submits that the controversy involved in the instant writ petition is squarely covered by the order rendered by a coordinate bench of this court in a bunch of writ petitions led by S.B. Civil Writ Petition No.3141/2015 (Jagdish Chandra Khatik & Ors. Vs State of Rajasthan & Ors. ) which were decided in the light of judgment dated 29.07.2009 rendered in the case of Jagdish Bhanoda V/s State of Rajasthan & Ors. (S.B. Civil Writ Petition No.773/2009) which has been ultimately affirmed by the Hon'ble Supreme Court.
Issue notice as to why this petition for writ be not accepted as prayed. Mr.Manish Patel, learned Additional Government Counsel who is present in the court is directed to accept the notices. Let two copies of writ petition be served upon Mr. Manish Patel during the course of the day.
Learned counsel for respondents does not dispute this factual position.
Having perused the pleadings in the writ petition, this court finds that the matter in hand can be disposed of by requiring the petitioner to submit a detailed representation to the appropriate authority for agitating his grievance along with a copy of this order. Once, the representation is received, the appropriate authority shall objectively consider and decide his grievance in the ratio of the judgment rendered in the case of Jagdish Bhanoda V/s State of
Rajasthan & Ors. by passing a reasoned and speaking order within a period of eight weeks from the date of receipt of the representation.
In case, the petitioner is found entitled to any benefit, the same shall be granted to him immediately preferably within a period of two weeks thereafter. If any grievance of the petitioner still survives, he shall be at liberty to approach this court thereafter.
In view of above, the above noted writ petition is disposed of. No order as to costs.
[JAISHREE THAKUR],J.
Anil Singh
1 issue framed by the court
Whether the writ petition should be disposed of by directing the State to consider a representation from the petitioner based on existing judgment principles.
Colour shows how this judgement treated each authority
Jagdish Chandra Khatik & Ors. Vs State of Rajasthan & Ors.Referred¶9
Jagdish Chandra Khatik & Ors. Vs State of Rajasthan & Ors. (S.B. Civil Writ Petition No.3141/2015)
Jagdish Bhanoda V/s State of Rajasthan & Ors.Referred¶9
Jagdish Bhanoda V/s State of Rajasthan & Ors. (S.B. Civil Writ Petition No.773/2009)
1 provisions across 1 enactments
Noor Mohd.
State of Rajasthan
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Jaishree Thakur
Parties & counsel
