Dismissed

Rajbala Yadav D/O Shri Mali Ram v. State of Rajasthan

Rajasthan HC5 May 2022CW/3339/2022

Case brief

AI extract

What is this about?

This order considers a writ petition filed on the same cause of action as a previously dismissed petition. The court finds the petitioner suppressed this fact, constituted an abuse of process, and dismissed the petition while imposing a penalty and initiating forgery proceedings.

What did the court decide?

Petition dismissed, costs awarded, and instructions to initiate prosecution for forgery.

Rajbala Yadav D/O Shri Mali Ram Vs State of… — Writ and Judicial Review | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

D.B. Civil Writ Petition No. 3339/2022

¶4

Rajbala Yadav D/o Shri Mali Ram, Aged About 33 Years, R/o Village Ahiro Ki Dhani Post Dada Fatehpura, Tehsil Khetri, District Jhunjhunu ( Raj.) 333503

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Its Principal Secretary, Ayurved And Indian Medicine Department, Secretariat, Jaipur (Raj.)

¶8

The Director, Directorate Of Ayurved, Ayurved Department, Govt. Of Rajasthan, Ajmer (Raj.)

¶9

The Dr. Sarvepalli Radhakrishnan Rajasthan Ayurveda University, Through Its Vice Chancellor, Kadvad, Nagaur Road, Jodhpur (Raj.) 342037

¶10

----Respondents

¶11

For Petitioner(s) : Mr. Vigyan Shah, through VC with Ms. Sarah Sharma and Mr. Yash Joshi

¶12

For Respondent(s) : Mr. C.L. Saini, AAG with Ms. Srijana Shrestha Mr. Vishesh Sharma

¶13

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN

¶14

Order

¶15

05/05/2022

¶16

The writ petitioner herein has filed the petition on the same cause of action on which she had earlier filed a writ petition being DBCWP No.2575/2022 titled as Rajbala Yadav & Anr.

¶17

Vs. State of Rajasthan & Ors. before the High Court of Judicature at Jodhpur. That writ petition was dismissed on 03.03.2022. A copy of said order dated 03.03.2022 has been placed before us by the learned Additional Advocate General.

¶18

The fact that writ petition has already been filed on the

¶19

same cause of action was not disclosed and on the other hand in para 48 of the petition it has been stated that the petitioner has

¶20

(2 of 2) [CW-3339/2022]

¶21

not filed any similar writ petition either before this Hon’ble Court or before Hon’ble Supreme Court.

¶22

We are of the view that this writ petitioner namely Rajbala Yadav suppressed the fact of having already filed petition challenging the action, which was dismissed and having suppressed the fact another writ petition came to be filed at Jaipur. It is clear that Rajbala Yadav has abused the process of law, misleaded the Court and suppressed the material facts only in order to get relief from Court of law.

¶23

The writ petition, therefore, has to be dismissed with a cost of Rs.50,000/-. In addition, petitioner-Rajbala Yadav is liable to be prosecuted for forgery also for making false affidavit in the writ petition. Appropriate action shall also be initiated against petitioner-Rajbala Yadav for the aforesaid forgery.

¶24

Learned counsel for the petitioner at the outset would submit that while filing writ petition, the said fact was not disclosed by the writ petitioner to him and therefore, he does not wish to represent the cause of the writ petitioner.

¶25

Accordingly, the writ petition is dismissed. All pending applications also stand disposed off.

¶26

(SAMEER JAIN),J

¶27

(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

¶28

JKP/Arun/13

Rajbala Yadav D/O Shri Mali Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajbala Yadav D/O Shri Mali Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Zapp India Ltd. Vs Union of India

R.K. Buildcreations Private Limited Vs Principal Commissioner of Income Tax

Vinod S/O Hari Singh Vs State of Rajasthan

Inhabitants of Village Samla Vs State of Rajasthan

Kamlesh Kumhar D/O Shri Duli Chand Vs State of Rajasthan

Banwari Lal Sharma Son of Shri Badri Narayan Sharma Vs Income Tax Officer