Dismissed

Suraj Bhan v. State of Raj and Ors.

Rajasthan HC11 Oct 2022CW/3516/2015

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed a writ petition filed by a petitioner challenging an illegal appointment of a respondent through a resolution passed 15 years prior, holding that the excessive delay and laches precluded exercise of writ jurisdiction under Article 226.

What did the court decide?

The writ petition was dismissed on the grounds of delay and laches without granting the prayer for appointment or quashing of the impugned resolution.

Suraj Bhan Vs State of Raj and Ors. — Property and Title | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 3516/2015

¶3

Suraj Bhan S/o Shri Mam Chand, By-Caste Jat Obc, Village And Post Kajlan, Tehsil Buhana, District Jhunjhunu

¶4

----Petitioner

¶5

Versus

¶6

The State Of Rajasthan Through District Collector, Jhunjhunu

¶7

Chief Executive Officer, Zila Parishad, Jhunjhunu

¶8

Development Officer, Panchayat Samiti, Buhana, District Jhunjhunu

¶9

Block Elementary Education Officer, Panchayat Samiti, Buhana, District Jhunjhunu

¶10

Gram Panchayat Kajlan, Panchayat Samiti, Buhana, District Jhunjhunu Through Its Secretary

¶11

Pushpraj S/o Jotram, Village And Post Kajlan, Tehsil Buhana, District Jhunjhunu

¶12

----Respondents

¶13

For Petitioner(s) : Mr. Nagendra Sharma for Mr. Sanjay Mehla. For Respondent(s) :

¶14

HON'BLE MR. JUSTICE INDERJEET SINGH

¶15

Order

¶16

11/10/2022

¶17

Application for early listing is allowed.

¶18

This writ petition has been filed by the petitioner with the

¶19

following prayer:-

¶20

“It is, therefore, humbly prayed that Your Lordships may graciously be pleased to accept and allow this writ petition; call for and examine entire record of the case and :

¶21

(I) By an appropriate writ, order of direction in the nature thereof the impugned selection of the respondents No.

¶22

(2 of 3)

¶23

[CW-3516/2015]

¶24

6 to the post of Shiksha Sajayogi for Rajiv Gandhi Swarn Jayanti Pathshala Nawa Johad, Kajalan Panchayat Samiti Buhana District Jhunjhunu vide resolution dated 1.9.1999 passed by the Gram Panchayat Kajalan may kindly be quashed and set aside.

¶25

ii) By an appropriate writ, order of direction in the nature thereof the respondents may kindly be directed to provide the inquiry report to the petitioner initiated by the Development Officer Panchayat Samiti Buhana in this aspect. Iii) By an appropriate writ, order of direction in the nature thereof the respondents may kindly directed to give appointment to the petitioner on the post of Shiksha Sahayogi at Rajiv Gandhi Swarn Jayanti Pathshala Nawa Johad, Kajalan Panchayat Samiti Buhana District Jhunjhunu with all consequential benefits. (iv) Any other relief as this Hon’ble Court may deem fit and proper be also passed in favour of the petitioner.”

¶26

By this writ petition, the petitioner has challenged the resolution dated 01.09.1999 passed by the Gram Panchayat by which the respondent No.6 was appointed on the post of Shiksha Sahayogi.

¶27

Counsel for the petitioner submits that the petitioner is continuously representing to the State-respondents for wrong/illegal appointment given to the private respondent No.6 and the State-respondents have also constituted a committee in this regard. Counsel further submits that in the year 2014 the petitioner submitted the application under the RTI and the report of the said committee has not been provided to the petitioner, therefore, the petitioner has filed this writ petition in the year 2015.

¶28

Heard counsel for the petitioner and perused the record.

¶29

(3 of 3)

¶30

[CW-3516/2015]

¶31

This writ petition filed by the petitioner deserves to be dismissed on the ground that the petitioner has filed writ petition after a delay of 15 years, therefore, in the facts and circumstances of the present case, I am not inclined to exercise the jurisdiction of this court under Article 226 of the Constitution of India.

¶32

In that view of the matter, this writ petition is dismissed on

¶33

the ground of delay and laches.

¶34

(INDERJEET SINGH),J

¶35

MG/73

Suraj Bhan v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Suraj Bhan v. State of Raj and Ors.

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

Similar cases

Manoj Kumar S/O Ramkumar Vs the Director, Secondary Education

Pooja Meena Wife of Shri Chandra Mohan Meena Vs the State of Rajasthan

Hansraj Meena S/O Ramratan Meena Vs the State of Rajasthan

Mukesh Arora S/O Shri Shyam Sundar Arora Vs the State of Rajasthan

Radha Jat D/O Heeralal Jat Vs State of Rajasthan

Dr. Megha Sharma D/O Rajendra Kumar Sharma W/O Sandeep Kumar Upadhyay Vs the State of Rajasthan