Disposed

Managing Committee Saini Senior Secondary School v. Roop Chand S/O Shri Devi Sahai

Rajasthan HC6 Sept 2023WMAP/141/2023

Case brief

AI extract

What is this about?

This order disposed of a misc. application seeking modification of a prior order, relying on a coordinate bench's decision to direct the executing court to expedite pending execution applications.

What did the court decide?

Direction issued to the Executing Court to expedite pending execution proceedings expeditiously after affording opportunity of hearing.

Managing Committee Saini Senior Secondary School… — Education and Admissions | Rajasthan HC (2023)

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[2023:RJ-JP:21367]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Writ Miscellaneous Application No. 141/2023

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Managing Committee Saini Senior Secondary School, Alwar, Rajasthan, Through Its Secretary.

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Managing Committee, Saini Shiksha Samiti, Manu Marg, Alwar, Rajasthan Through Its Secretary.

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----Petitioners

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Versus

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Roop Chand S/o Shri Devi Sahai, Aged About 54 Years, R/ o Thakur Chhaju Singh Ki Gali, Haweli Ke Pass, Alwar.

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Director/commissioner, Secondary Education, Rajasthan, Bikaner (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Manu Bhargava through VC

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HON'BLE MS. JUSTICE REKHA BORANA

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(Through Video Conferencing)

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Order

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06/09/2023

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The present misc. application has been filed for modification of the order dated 20.12.2021 passed in S.B. Civil Writ Petition No.19978/2019 whereby the writ petition was disposed of holding the same to be covered by the Division Bench judgment passed in D.B. Special Appeal Writ No.280/2021.

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Learned counsel for the applicants submitted that similar applications in eight connected matters were filed and the same have been decided vide order dated 01.03.2023 by the coordinate Bench of this Court at Jaipur. He submits that he would be satisfied if the similar order is passed in the present application also.

(2 of 2)

[2023:RJ-JP:21367]

[WMAP-141/2023]

Vide order dated 01.03.2023, the Court observed as under:-

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“4. All these writ miscellaneous applications have been filedfor modification of the order dated 20.12.2021 passed by this Court in a bunch of writ petitions in the lead case of Managing Committee Saini Senior Secondary School and anr. vs. Suresh Kumar Khuradia and anr. (S.B. Civil Writ Petition NO.19980/2019).Hence all these applications are decided by this common order.

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Petitioner Mr. Hari Mohan Saxena submits that in pursuance of the order dated 20.12.2021, all the employees of Managing Committee have submitted execution applications for compliance of the aforesaid order dated 20.12.2021 before the Executing Court, but the Executing Court is proceeding like a snail’s pace and has not concluded the execution proceedings. So, appropriate directions be issued to the Executing Court to expedite the proceedings of pending execution application(s).

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The prayer made by the petitioners appears to be genuine.

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All these writ miscellaneous applications stand disposed of with direction to the Executing Court to expedite the proceedings of the pending execution application(s) expeditiously as early as possible after affording the opportunity of hearing to all the parties to the litigation strictly in accordance with law.”

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In view of the fact that an order in similar applications has been passed by the co-ordinate Bench of this Court, the present application is also disposed of with similar directions as passed in S.B. Writ Misc. Application No.169/2022 and as reproduced above.

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(REKHA BORANA),J

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1-S.Phophaliya/KashishS/-

Managing Committee Saini Senior Secondary School v. Roop Chand S/O Shri Devi Sahai

Case brief

What is this about?

What did the court decide?

Managing Committee Saini Senior Secondary School v. Roop Chand S/O Shri Devi Sahai

Case brief

What is this about?

What did the court decide?

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