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2024 Supreme(Raj) 181

ANOOP KUMAR DHAND
Nand Lal Raigar – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Amit Jindal
For the Respondent: Mr. Gajanand Misra Manav-Addl.GC

ORDER :

1. The legal issue involved in this petition is “whether any enquiry and recovery proceedings can be conducted against a dead person or against the legal representatives of such dead person?”

2. The instant petition has been filed by the petitioners with the following prayer:-

    “It is, therefore, most humbly and respectfully prayed that your Lordships may graciously be pleased to accept and allow this writ petition and be further pleased to:-

I. quash and set aside the warrants of attachment dated 06.03.2007 (Annexure-2) issued by the respondent No.3 and dated 12.04.2007 (Annexure-3) issued by the respondent No.4 and the recovery notices dated 29.06.2007 (Annexure-4) and dated 09.06.2009 (Annexure-5)

II. direct the respondents not to take any coercive action against the petitioners and issue no objection certificate to them;

III. Direct the respondents to appoint an independent authority to re-assess the development work carried out by the mother of the petitioners Smt. Kesar Bai during her tenure as Sarpanch; and

IV. pass such other writ, order or direction which this Hon’be Court deems just and proper in the facts and circumstances of the case may please to be passed in favour of

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