Rajasthan High Court - Jodhpur
State Of Raj. & Ors vs Ashok Kumar Bhandari on 27 January, 2017
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Writ Review No. 97 / 2013
1. State of Rajasthan through the Secretary, Ground Water
Department, Government of Rajasthan, Jaipur.
2. The Chief Engineer, Ground Water Department, Jodhpur.
3. The Superintendent (Hydrogeology), Ground Water
Department, Udaipur.
4. The Senior Hydrogeologist (Survery & Research),
Chittorgarh.
----Petitioner
Versus
Ashok Kumar Bhandari S/o Late Shri Nand Lal Bhandari, R/o 3-C-
04, RC Vyas Colony, Bhilwara, Working as Technical Assistant
(Hydrogeology), Ground Water Department,
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. K.L. Thakur, AAG with
Mr. K.L. Bishnoi, Asst to AAG
For Respondent(s) : Mr. Ashok Choudhary,.
_____________________________________________________
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
Order 27/01/2017 The instant review petition has been filed after a delay of 680 days to review the order dated 07.01.2011 passed in SBCWP No.23/2011 in which following order was passed:-
"In this view of the matter, I am of the opinion that the rejection of petitioner's case by the respondents is totally against the aforesaid judgment of this Court, therefore, the petitioner is hereby granted liberty to file fresh representation before the competent authority while annexing the copy of the aforesaid judgment, upon filing such representation, the (2 of 3) [WRW-97/2013] competent authority is directed to decide the representation of the petitioner in the light of aforesaid judgment of Jawala Singh (supra) rendered by the Coordinate Bench of this Court within a period of two months from the date of filing representation. It is also made clear that earlier order passed by the respondents will not come in the way of the petitioner to decide the matter afresh.
With the aforesaid observation/direction, this writ petition is disposed of."
Upon perusal of the above order, it is abundantly clear that no direction were given to provide appointment to the petitioner. The only direction was to consider the representation of the petitioner in the light of judgment of Jwala Singh's case passed in S.B. Civil Writ Petition No.3623/2006 decided on 11.12.2006.
Against the judgment impugned, special appeal filed by the State was dismissed by the Division Bench of this Court while observing that it is open for the appellant to file appeal in case necessity arises as against the order impugned. The only liberty was given to the appellant to file appeal in case necessity arises against the impugned order.
Learned Addl. Advocate General submits that in case of Jawala Singh (supra), special leave petition was preferred before the Hon'ble Supreme Court in which while dismissing the same, some observations were made to decide the question of law, if occasion arises in future.
(3 of 3) [WRW-97/2013] In view of above, no case is made out to review the order dated 07.01.2011 passed in S.B. Civil Writ Petition No.23/2011 by this Court. Therefore, the instant review petition is hereby dismissed.
(GOPAL KRISHAN VYAS)J. sudhir