Disposed

Than Singh Son of Shri Rameshwar Singh v. College Education

Rajasthan HC3 May 2024CW/797/2023

Case brief

AI extract

What is this about?

The High Court held that Section 27(A) of the Rajasthan Non-Government Education Institutions Act, 1989 is available for execution of Tribunal orders. The petitioners were granted liberty to approach the executing court with an application for compliance of the impugned order.

What did the court decide?

Petition disposed; liberty granted to petitioners to file an execution application under Section 27(A) of the Act of 1989.

Than Singh Son of Shri Rameshwar Singh Vs… — Contract and Commercial Disputes | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 797/2023

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Than Singh Son Of Shri Rameshwar Singh, Aged About 55 Years, Resident Of Sector-2, Jawahar Nagar, Jaipur (Raj.) Previous Working As Cook (Fourth Class) Satya Sai Mahavidhyalaya, Jaipur.

¶4

Smt. Shanti Bai Wife Of Shri Ramprasad, Aged About 58 Years, Resident Of 12, Kachhi Basti Tila No. 04 Jawahar Nagar, Jaipur (Raj.) Previous Worked As Sweeper Employee (Fourth Class) Satya Sai Mahavidhyalaya, Jaipur.

¶5

Smt. Indra Devi Wife Of Kailash Chand, Aged About 47 Years, Resident Of A-179, Kachhi Basti Tila No. 01 Jawahar Nagar, Jaipur (Raj.) Previous Working As Cook (Fourth Class) Satya Sai Mahavidhyalaya, Jaipur.

¶6

Dhapa Bai Wife Of Shri Gopalji Saini, Aged About 60 Years, Resident Of 1-B-155, Kachhi Basti Tila No. 01 Jawahar Nagar, Jaipur (Raj.) Previous Working As Cook (Fourth Class) Satya Sai Mahavidhyalaya, Jaipur.

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Sudesh Marjeet Son Of Digan Marjeet, Aged About 48 Years, Resident Of Jawahar Nagar Kachi Basti, Jaipur

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----Petitioners

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Versus

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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.

¶13

----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

[CW-797/2023]

(2 of 3)

Judgment / Order

03/05/2024

The instant 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 Institution Tribunal, Jaipur (hereinafter referred to as “the Tribunal”) in Appeal Nos. 44-45/2011.

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Section 27(A) of The Rajasthan Non-Government Education Institutions Act, 1989 (hereinafter referred to as “the Act of 1989”) deals with the execution of orders of the Tribunal, which reads as follows:-

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“ Section 27(A).- Execution of orders of Tribunal- The orders of the tribunal deciding appeals preferred under section 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 respondent/s 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.”

¶23

Learned 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.

¶24

Considering the limited prayer made by the 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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[CW-797/2023]

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(3 of 3)

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Upon filing the execution application under Section 27(A) of the Act of 1989 by the petitioners, the same be considered in accordance with law.

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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

¶30

GAURAV SRIVASTAVA /57

Than Singh Son of Shri Rameshwar Singh v. College Education

Case brief

What is this about?

What did the court decide?

Than Singh Son of Shri Rameshwar Singh v. College Education

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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