Gopal Ram v. State of Rajasthan
Case brief
What is this about?
Petitioner sought liberty to file application under Section 212 of Rajasthan Tenancy Act using suit filed under Section 88 instead of Section 188. Court modified earlier order to grant liberty.
What did the court decide?
Liberty granted to move application under Section 212 of the Rajasthan Tenancy Act, 1955 in suit filed under Section 88 before the Subdivisional Officer.
What the court decided
A compact analysis
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Writ Misc Application No. 261/2022
Gopal Ram S/o Ganesha, Aged About 65 Years, By Caste Bhaoi Mali, Resident Of Sirohi, Tehsil And District Sirohi (Raj.).
----Petitioner
Versus
State Of Rajasthan, Through The Tehsildar, Sirohi.
----Respondent
For Petitioner(s) : Mr. Pritam Solanki
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
09/11/2022
Learned counsel for the petitioner has submitted that the Civil Writ Petition No.294/2022 was dismissed by this Court on 24.05.2022 while granting liberty to the petitioner to move an application under Section 212 of the Rajasthan Tenancy Act, 1955 (hereinafter to be referred as ‘the Act of 1955’) in the suit filed by him under Section 188 of the Act of 1955 before the SubDivisional Officer (for short ‘the SDO’) concerned.
Issues for consideration
2 issues framed by the court
Whether liberty to move application under Section 212 of the Act of 1955 is granted in a suit filed under Section 88 of the Act of 1955?
Whether the order dismissing the Civil Writ Petition passed in Section 188 of the Act of 1955 should be modified due to filing under wrong section?
Parties & counsel
- petitioner
Gopal Ram
- respondent
State Of Rajasthan Through The Tehsildar
Coram
VIJAY BISHNOI
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- WMAP/261/2022
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