Dismissed

Jawahar Vidyapeeth Kanore v. State of Rajasthan

Rajasthan HC1 Jul 2022CW/4748/2019

Case brief

AI extract

What is this about?

The High Court rejected the stay vacation application in an IA arising from contempt proceedings. It confirmed the interim order staying the recovery of an amount deposited by the respondent-State pending the disposal of the writ petition.

What did the court decide?

Stay of recovery of deposited amount confirmed till disposal of writ; petitioner directed to furnish undertaking for refund within weeks.

Jawahar Vidyapeeth Kanore Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4748/2019

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Jawahar Vidyapeeth Kanore, District Udaipur Through Its Manager Dr. Narendra Kumar Dhing, Aged About 63 Years, Son Of Late Shri Ratan Lal Ji Dhing, Resident Of Kanore, Tehsil Vallabhnagar, District Udaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.

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The Secretary, Higher Education, Government Of Rajasthan, Secretariat, Jaipur.

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The Director/ Commissioner, College Education, Directorate Of College Education, Shiksha Sankul, Jawaharlal Nehru Marg, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr. Akhilesh Rajpurohit
For Respondent(s)	: Mr. Manish Vyas, AAG with Mr. Anand Khichi

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JUSTICE DINESH MEHTA

Order

01/07/2022

I.A. No.1/2021:

Mr. Akhilesh Rajpurohit, learned counsel for the petitionerinstitute submits that during the contempt proceedings, the respondent-State itself had calculated the amount and deposited the amount with the Registrar Judicial of this Court/paid to the petitioner.

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However, later on, the respondents sought to recover the amount on flimsy ground that the amount had been wrongly paid.

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(2 of 2)

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[CW-4748/2019]

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The matter has already been admitted on 04.04.2019 and recovery in furtherance of the impugned order dated 19.12.2018 has been stayed.

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After hearing learned counsel for the parties, this Court does not find any reason to vacate the interim order passed by this Court, vide which the impugned recovery has been stayed.

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Stay vacation application is, therefore, rejected.

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The interim order dated 04.04.2019 is confirmed to last till disposal of the writ petition.

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The petitioner shall, however, be required to furnish an undertaking in the Court within 4 weeks to the effect that in case the instant writ petition is dismissed, the Institution shall refund the entire amount within a period of 12 weeks.

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(DINESH MEHTA),J

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2-Ramesh/-

Jawahar Vidyapeeth Kanore v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jawahar Vidyapeeth Kanore v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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