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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Ashok Kumar Gaur, J.
Bhagirath Rathore – Appellant
Versus
Union Of India & Ors. – Respondents
Civil Writ Petition No. 3638 of 2022
Decided On : 05-03-2022
Apex Court Jurisdiction - Writ Petition - Court refrained from passing order due to pendency of similar issue before the Apex Court
Fact of the Case:
The issue raised in the writ petition is sub-judice before the Apex Court, and the Apex Court has observed that the High Courts may not take up these matters as it is already seized with the matter.
Finding of the Court:
The Court does not intend to pass any order at this stage due to the pendency of a similar issue before the Apex Court.
Issues: Pendency of similar issue before the Apex Court
Ratio Decidendi: Court refrained from passing any order due to the pendency of the issue before the Apex Court
Final Decision: The case is listed for a later date, and the Court refrained from passing any order at the current stage.
ORDER
1. Learned counsel Mr.Sheetanshu Sharma for the respondents-State submitted that an additional affidavit has been filed in pursuance of order passed by this Court on 03.03.2022 and copy of the same has also been supplied in the office of learned Additional Solicitor General Mr.R.D. Rastogi.
2. Learned counsel for the parties informed this Court that the issue raised in the writ petition is sub-judice before the Apex Court and the Apex Court has observed that the High Courts may not take up these matters, as the Apex Court is already seized with the matter.
3. This Court, in view of pendency of similar issue before the Apex Court, does not intend to pass any order, at this stage.
4. List this case on 21.03.2022.
The Court refrained from passing any order due to the pendency of a similar issue before the Apex Court.
An affidavit attested by a Notary Public is permissible for use in the High Court, and the court has the power to consider such affidavits in proceedings.
Judicial review regarding appointment rights cannot be established before confirmation of authority's decision.
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