Disposed

Smt. Radha Bai Wife of Sampat Ji v. College Education

Rajasthan HC13 Dec 2023CW/705/2023

Case brief

AI extract

What is this about?

Petitioners filed a writ petition seeking directions to respondents to comply with the judgment dated 24.08.2022 passed by the Rajasthan Non-Government Educational Institutions Tribunal. The court granted liberty to file an execution application instead.

What did the court decide?

Liberty to approach the Executing Court under Section 27-A of the Act of 1989 for execution of the Tribunal's order.

Smt. Radha Bai Wife of Sampat Ji Vs College… — Education and Admissions | Rajasthan HC (2023)

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[2023:RJ-JP:39491]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 705/2023

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Smt. Radha Bai Wife Of Sampat Ji, Aged About 58 Years, Resident Of 3/286, Kachhi Basti Tila No. 03, Jawahar Nagar, Behind Shivji Ke Mandir, Jaipur (Raj)

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Tara Devi Wife Of Late Shri Ramesh Chand, Aged About 47 Years, Resident Of 178, Kachhi Basti Tila No. 01 Jawahar Nagar, Jaipur (Raj)

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----Petitioners

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Versus

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1. College Education, Government Of Rajasthan, J.l.n. Marg, Behind Poddar School, Jaipur Through Director/commissioner

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Management Committee, Sri Satya Sai Mahila Mahavidhyala Sector No. 02, Jawahar Nagar, Jaipur Through Secretary.

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Sri Satya Sai Ishwar-Amma Hostel, Sri Satya Sai Mahila Mahavidhyala Sector No. 02, Jawahar Nagar, Jaipur Through Secretary.

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----Respondents

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For Petitioner(s) : Mr. Narendra Kumar Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE GANESH RAM MEENA Judgment / Order

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13/12/2023

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The present writ petition has been filed by the petitioners for issuing directions to the respondents to make compliance of the judgment dated 24.08.2022, passed by the Rajasthan NonGovernment Educational Institutions Tribunal, (for short ‘ the Tribunal’) Jaipur in Appeal Nos.44/2011 & 45/2011.

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Section 27-A of the Rajasthan Non-Government Educational Institutional Act, 1989 (hereinafter referred as ‘the Act of 1989’)

(2 of 2)

[2023:RJ-JP:39491]

[CW-705/2023]

deals with the execution of orders of Tribunal, which reads as

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under:-

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“The orders of the Tribunal deciding appeals preferred under Sec. 19 and disputes referred to in Section 21 shall be deemed to be the decree of the lowest civil court having territorial jurisdiction over the local area in which the respondents against whom the order has been made, ordinarily resides or carries on business or personally works for gain and shall be executed as such by such civil court.”

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Counsel for the petitioners after arguing at some length submits that the petitioners may be given liberty to file an execution application before the Executing Court for execution of the order passed by the Tribunal.

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Considering the limited prayer made by counsel for the petitioners, the present writ petition is disposed of with liberty to the petitioners to approach the Executing Court in view of the provisions of Section 27-A of the Act of 1989 for compliance of the order passed by the Tribunal.

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Since the main petition has been disposed, all pending application/s, if any, also stand disposed.

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(GANESH RAM MEENA),J

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ARTI SHARMA /38

Smt. Radha Bai Wife of Sampat Ji v. College Education

Case brief

What is this about?

What did the court decide?

Smt. Radha Bai Wife of Sampat Ji v. College Education

Case brief

What is this about?

What did the court decide?

What the court decided

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