Dismissed

Hanuman Prasad Swami S/O Shri Onkar Das Swami v. the State of Rajasthan

Rajasthan HC11 Nov 2024CW/786/2021

Case brief

AI extract

What is this about?

The High Court held that the writ petition is not maintainable due to unexhausted alternative remedies. The court disposed of the petition, granted liberty to file an appeal, directed expeditious adjudication, and upheld an interim order for four months.

What did the court decide?

Petition disposed; liberty granted to file statutory appeal; interim order of 28.01.2021 continued for four months; stay applications disposed.

Hanuman Prasad Swami S/O Shri Onkar Das Swami Vs… — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:46549]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 786/2021

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Hanuman Prasad Swami S/o Shri Onkar Das Swami, Aged About 62 Years, R/o Village Malisar Tehsil Malisar District Jhunjhunu (Raj.)

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----Petitioner

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Versus

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The State Of Rajasthan, Through Secretary, Department Of Food And Civil Supplies, Raj. Secretariat, Jaipur.

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The Commissioner, Department Of Food And Civil Supplies, Secretariat, Jaipur.

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The District Collector, Jhunjhunu.

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The District Supply Officer, District Jhunjhunu (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) : Ms. Abhilashs Vaishnav for Mr. Lokendra Singh Rao, Dy.GC

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JUSTICE ANOOP KUMAR DHAND

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Order

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11/11/2024

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Aggrieved by the order dated 06.01.2021 passed by the District Supply Officer by which authorization of the petitioner to run fair price shop has been suspended, the petitioner has approached this Court.

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At the outset, learned counsel for the respondents has taken objection about the maintainability of this petition. Counsel submits that the petitioner has alternative remedy of filing statutory appeal before the Appellate Authority, but without availing the said remedy, the petitioner has

[2024:RJ-JP:46549]

[CW-786/2021]

(2 of 2)

approached this Court, hence, this petition is not maintainable.

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Considering the arguments put forward by the learned counsel for the respondents and looking to the fact that the petitioner has alternative remedy of filing appeal before the Appellate Authority, but by passing the jurisdiction of the said Authority, the petitioner has approached this Court by way of filing of this petition, the instant writ petition stands disposed of granting liberty to the petitioner to file statutory appeal against the impugned order before the statutory Appellate Authority.

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In case such appeal is submitted by the petitioner within a period of one months from today, it is expected from the Appellate Authority to decide the said appeal expeditiously, as early as possible, within a period of three months thereafter.

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Till four months, the interim order dated 28.01.2021 passed in favour of the petitioner shall continue.

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The stay application and all pending applications, if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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KuD/54

Hanuman Prasad Swami S/O Shri Onkar Das Swami v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hanuman Prasad Swami S/O Shri Onkar Das Swami v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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