Dismissed

Rajendar v. State of Rajasthan

Rajasthan HC28 Aug 2024CW/12910/2024

Case brief

AI extract

What is this about?

High Court of Rajasthan dismissed Writ Petition No.12910/2024 holding that petitioner could not maintain fresh petition after withdrawing earlier one on ground of alternative remedy when similar notice issued for same reason. Court held statutory remedy is appropriate.

What did the court decide?

Writ petition dismissed with liberty to take appropriate statutory remedy; stay application also dismissed.

Rajendar Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JD:35545]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 12910/2024

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Rajendar S/o Shri Gaja Ram, Aged About 34 Years, Resident Of Ramdwara Ka Bas, Village - Janana, District Nagaur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Excise, Govt. Of Rajasthan, Jaipur.

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Commissioner, Excise Department, Udaipur.

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District Excise Officer, Nagaur (Raj.).

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Excise Inspector, Circle Merta Road, District Nagaur.

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----Respondents

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For Petitioner(s)	: Mr. Mahender Kumar Dudy
For Respondent(s)	: Mr. Mahaveer Bishnoi, AAG with Mr.
	Gaurav Bishnoi,AAAG

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JUSTICE DINESH MEHTA

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Order

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28/08/2024

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By way of present writ petition, the petitioner has challenged the notice dated 25.07.2024, whereby the petitioner has been asked to operate the shop at the sanctioned location. 2. Mr. Bishnoi, learned Additional Advocate General appearing for the State, at the outset, submitted that earlier also, the petitioner had challenged a similar notice dated 03.04.2024 by way of filing S.B. Civil Writ Petition No.6077/2024 and upon Court’s observations, the said writ petition was withdrawn by the petitioner on 20.04.2024 to avail appropriate remedy and when a notice of similar nature has been issued, the petitioner has again preferred the present writ petition.

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[2024:RJ-JD:35545]

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[CW-12910/2024]

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Having heard learned counsel for the parties, this Court is of view that when petitioner’s earlier writ petition objected to on the ground of availability of alternative remedy and he withdraw the same, the petitioner cannot maintain a fresh writ petition simply because, a fresh notice has been issued for the same reason and on the same ground.

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The petition is, therefore, dismissed.

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The petitioner shall be at liberty to take appropriate statutory remedy against the notice dated 25.07.2024 issued by the respondents.

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The stay application also stands dismissed accordingly.

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(DINESH MEHTA),J

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314-Arvind/-

Rajendar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajendar v. State of Rajasthan

Case brief

What is this about?

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