Ram Narayan Vs. State and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1163797
SubjectEducation
CourtRajasthan Jodhpur High Court
Decided OnSep-05-2014
AppellantRam Narayan
RespondentState and ors
Excerpt:
s.b. civil writ petition no.3543/2013. ram narayan vs. state & ors. order dated 05.09.2014 1/2 in the high court of judicature for rajasthan at jodhpur. :: order :: s.b. civil writ petition no.3543/2013. ram narayan vs. state & ors. .. date of order ::::5. h september, 2014. present hon'ble dr. justice vineet kothari appearance: none present for the petitioner -- by the court:1. the lawyers are observing strike which is contrary to various supreme court decisions. name of mr. mahesh thanvi, as the counsel for the petitioner, is shown in the cause list.2. nobody is present for the petitioner.3. perused the record. the case is listed at sl. no.12 in the cause list under the category of “admission with notice served - reply not filed”..4. the writ petition has been filed by the petitioner in this court on 21.03.2013 with the following prayers:- “it is, therefore, most respectfully prayed that this writ petition may kindly be allowed, and by an appropriate writ, order or directions: (i) the respondents may kindly be directed to absorb the petitioner with all consequential benefits. (ii) and any other relief this hon'ble court considers just and proper in the facts and s.b. civil writ petition no.3543/2013. ram narayan vs. state & ors. order dated 05.09.2014 2/2 circumstances of the case, may also be issued in favour of the petitioner and against the defaulting authorities of respondents.”. 5. having perused the record of the case and having gone through the averments made in the writ petition by the petitioners, this court is satisfied that the writ petition is premature because the petitioner has filed this writ petition without awaiting decision of his representations/legal notice [annexure-6 dated 15.04.2000, annexure-7 dated 09.07.2000, annexure-9 dated 20.04.2007, 18.01.2008, 10.02.2009 & 16.06.2010, annexure-15 dated 25.10.2012].. the petitioner should first approach the respondents and should pursue his representations.6. accordingly, the writ petition is disposed of with a direction and liberty to the petitioner to approach the respondent no.2 - the chief executive officer, zila parishad, jodhpur to pursue his aforementioned representations/legal notice and the said respondent no.2 is expected in law to decide the representations/legal notice of the petitioner in accordance with law, after giving an opportunity of hearing to the petitioner, preferably within a period of three months from today.7. a copy of this order be sent to the concerned parties forthwith. (dr. vineet kothari), j./mohan/ / 12 /
Judgment:

S.B. CIVIL WRIT PETITION No.3543/2013. Ram Narayan Vs. State & Ors. Order dated 05.09.2014 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER

:: S.B. CIVIL WRIT PETITION No.3543/2013. Ram Narayan Vs. State & Ors. .. Date of Order ::::

5. h September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: None present for the petitioner -- BY THE COURT:

1. The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Mr. Mahesh Thanvi, as the counsel for the petitioner, is shown in the cause list.

2. Nobody is present for the petitioner.

3. Perused the record. The case is listed at Sl. No.12 in the cause list under the category of “Admission With Notice Served - Reply Not Filed”..

4. The writ petition has been filed by the petitioner in this Court on 21.03.2013 with the following prayers:- “It is, therefore, most respectfully prayed that this writ petition may kindly be allowed, and by an appropriate writ, order or directions: (i) The respondents may kindly be directed to absorb the petitioner with all consequential benefits. (ii) And any other relief this Hon'ble Court considers just and proper in the facts and S.B. CIVIL WRIT PETITION No.3543/2013. Ram Narayan Vs. State & Ors. Order dated 05.09.2014 2/2 circumstances of the case, may also be issued in favour of the petitioner and against the defaulting authorities of respondents.”. 5. Having perused the record of the case and having gone through the averments made in the writ petition by the petitioners, this Court is satisfied that the writ petition is premature because the petitioner has filed this writ petition without awaiting decision of his representations/legal notice [Annexure-6 dated 15.04.2000, Annexure-7 dated 09.07.2000, Annexure-9 dated 20.04.2007, 18.01.2008, 10.02.2009 & 16.06.2010, Annexure-15 dated 25.10.2012].. The petitioner should first approach the respondents and should pursue his representations.

6. Accordingly, the writ petition is disposed of with a direction and liberty to the petitioner to approach the respondent No.2 - The Chief Executive Officer, Zila Parishad, Jodhpur to pursue his aforementioned representations/legal notice and the said respondent No.2 is expected in law to decide the representations/legal notice of the petitioner in accordance with law, after giving an opportunity of hearing to the petitioner, preferably within a period of three months from today.

7. A copy of this order be sent to the concerned parties forthwith. (Dr. VINEET KOTHARI), J.

/Mohan/ / 12 /