Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Raj) 767

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dinesh Mehta, J
Mamta - Appellant
Versus
The Union of India - Respondent
CW / 11666 / 2018
Decided On : 20-02-2025

Advocates:
Mr. Ravinder Singh, Mr. Kuldeep Vaishnav, Mr. Uattam Singh Rajpurohit for Mr. Mukesh Rajpurohit, Dy.S.G.

The court emphasized the necessity for the respondents to consider the petitioners' representation in light of previous judicial decisions, ensuring timely redressal without dictating the outcome.

Headnote:
(A) Constitution of India - Article 226 - Writ Petition - The court directed the respondents to consider the petitioners' representation based on prior judgments, ensuring an expeditious redressal of grievances without mandating a specific outcome. (Paras 1-5)

(B) Judicial Precedent - The court emphasized the importance of adhering to previous decisions to maintain consistency in legal proceedings. (Paras 2-3)

Facts of the case:
The petitioners sought relief based on an interim order related to a prior case, which had been disposed of three years earlier.

Findings of Court:
The court ordered the competent authority to consider the petitioners' representation within eight weeks of its filing.

Issues: The main issue was whether the current writ petition should be disposed of in light of previous judgments.

Ratio Decidendi: The court highlighted that while it directs consideration of the representation, it does not compel a specific decision, thus upholding the principle of judicial discretion.

Result: Writ petition disposed of.

ORDER :

DINESH MEHTA, J.

I.A. (01/2025) :-

1. For the reasons stated, the application seeking early hearing of the matter, is allowed.

2. The matter is taken up for consideration today itself.

S.B. Civil Writ Petition No. 11666/2018 :-

1. Learned counsel for the respondents, at the outset submitted that on 08.08.2018, an interim order came to be passed by this Court in light of the interim order passed in SB Civil Writ Petition No.11273/2012 titled as “Smt. Kalpana & Ors. vs. Union of India &Ors.” and the said writ petition has already been disposed of by Coordinate Bench of this Court, three years ago i.e. on19.03.2015.

2. He submitted that the case of Smt. Kalpana (supra) has been disposed of, in light of order dated 26.02.2014 passed by Jaipur Bench of this Court in the case of Mohan Lal Damor and Anr. vs. Union of India & Ors. (S.B. Civil Writ Petition No.2319/2014), with a direction to respondents to consider petitioners’ representation and prayed that the present writ petition be also disposed of in same terms.

3. In view of the above, the present writ petition is disposed of with a direction to the respondents to consider petitioners’ representation in light of the judgment rendered by this Court in the case of Mohan Lal Damor (supra).

4. In case representation is filed by the petitioners’ along with certified copy of the order instant within a period of four weeks from today, the competent authority of the respondents shall consider the same, in accordance with law, within a period of eight weeks of receiving the same.

5. It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioners’ grievance. The same may not be construed to be an order to decide the representation in a particular manner.

6. Stay application also stands disposed of.

Click Here to Read the rest of this document