Dismissed

Gourav Kumar Gupta S/O Shri Vishnu Dutt Gupta v. the Govt. of Rajasthan

Rajasthan HC6 Aug 2021CW/97/2021

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Sanjev Prakash Sharma dismissed S.B. Civil Writ Petition No.97/2021. The court found that the subject matter of the writ petition was identical to proceedings already pending before ACJM No.17 Sanganer, holding that examining the same issue would amount to an abuse of the court's process.

What did the court decide?

The present writ petition is dismissed. All pending applications shall stand dismissed.

Gourav Kumar Gupta S/O Shri Vishnu Dutt Gupta Vs… — Writ and Judicial Review | Rajasthan HC (2021)

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(1 of 2)

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[CW-97/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.97/2021

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Gourav Kumar Gupta S/o Shri Vishnu Dutt Gupta, Aged About 38 Years, R/o 100/104, Pratap Nagar, Sanganer, P.s. Sanganer, Jaipur.

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----Petitioner

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Versus

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The Govt. Of Rajasthan, Through A.c.s.(U.d.h.), Food Building, Secretriate, Jaipur -302005

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The Govt. Of Rajasthan, Through Chairman, Rajasthan Housing Board (R.h.b.), Awas Bhawan, Janpath, Jyoti Nagar, Jaipur-302005.

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The Housing Commissioner, Rajasthan Housing Board (R.h.b.), Awas Bhawan, Janpath, Jyoti Nagar, Jaipur302005.

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The Deputy Housing Commissioner, Circle-I, Rajasthan Housing Board (R.h.b.), Sector-5, Pratap Nagar, Near Pratap Plaza, Tonk Road, Jaipur.

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The Commissioner Nagar Nigam Greater, Lal Kothi, Jaipur.

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The Zone Commissioner, Nagar Nigam Greater, Sanganer Zone, Jaipur.

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The S.h.o., Police Station Pratap Nagar, Jaipur(East). 8. D.c.p. (East), Jaipur Metropolitan, Jaipur, Near Gopalpura Bye-Pass, Jaipur.

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Shri Pramod Gupta S/o Shri Ghanshyam Gupta, H.no. 100/103, Pratap Nagar, Sanganer, Jaipur. At PresentSiddhi Vinayak Hospital, 36/101, Pratap Nagar, Sanganer, Jaipur.

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----Respondents

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For Petitioner(s) : Dr. Mithlesh Kumar For Respondent(s) : Mr. Ajay Shukla Mr. Krishan Chander Sharma

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

(2 of 2)

[CW-97/2021]

06/08/2021

Learned counsel for the petitioner submits that the right of the petitioner has been affected.

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Learned counsel for the respondent no.9 submits that the same issue which has been taken up by the petitioner before this court is already a subject matter of adjudication before the Ld. ACJM No.17 Sanganer. Learned counsel submits that parallel proceedings relating to the same issue cannot be undertaken.

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Learned counsel for the petitioner further submits that the suit which has been filed before the ACJM is by the father of the petitioner and petitioner is not a party to the same and he can always file a separate writ petition for vindication of his fundamental rights.

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This court finds that the subject matter of the present writ petition is identical to that which is pending before the ACJM. It would thus amount to abuse the process of the court if this court stands examining the same issue which is pending to be examined by ACJM No.17 Sanganer. The order passed by the ACJM for maintaining status quo has been placed on record.

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It is made clear that if the petitioner is interested, he may also move an appropriate application for impleadment, if he has to say something more than what his father has already submitted before the concerned court.

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In view thereof, the present writ petition is dismissed. All pending applications, if any, shall stand also dismissed.

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(SANJEEV PRAKASH SHARMA),J

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Karan/166

Gourav Kumar Gupta S/O Shri Vishnu Dutt Gupta v. the Govt. of Rajasthan

Case brief

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Gourav Kumar Gupta S/O Shri Vishnu Dutt Gupta v. the Govt. of Rajasthan

Case brief

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