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Rajasthan High Court Weekly Roundup: January 17 to January 23, 2022
ANIRUDH VIJAY
24 Jan 2022 10:14 AM IST
Judgments/ Orders of the Week Writ Petition Filed In Representative Capacity Without Proper Authorization Not Maintainable: Rajasthan High Court Case Title: Income- Tax Contigent Employees Union and Anr. v. Union Of India and Ors. Citation: 2022 LiveLaw (Raj) 16 The Rajasthan High Court has held that a writ petition filed in representative capacity without proper...
Judgments/ Orders of the Week
Case Title: Income- Tax Contigent Employees Union and Anr. v. Union Of India and Ors.
Citation: 2022 LiveLaw (Raj) 16
The Rajasthan High Court has held that a writ petition filed in representative capacity without proper authorization or resolution is not maintainable.
A division bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani, observed, "We are of the firm view that the writ petition has been filed without proper authorization/resolution and hence, the same is not maintainable."
In furtherance, the court dismissed the writ petition purportedly filed on behalf of Income Tax Contingent Employees Union as not maintainable, in the absence of proper authorization.
Case Title: LNJ Power Ventures Ltd. v. Rajasthan Electricity Regulatory Commission and Ors.
Citation: 2022 LiveLaw (Raj) 17
The Rajasthan High Court has reiterated that power of judicial review vested in High Courts under Article 226 of the Constitution of India is one of the basic features of the Constitution and any legislation cannot override or curtail such jurisdiction.
Justice Pushpendra Bhati further held that High Courts, while exercising the power under Article 226, would take note of the legislative intent manifested in the provisions of the Act and would exercise their jurisdiction consistent with the provisions of the enactment.
Case Title: Suresh Thanvi v. State Of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 18
The Rajasthan High Court has ruled that land reserved for the public park in question shall not be allowed for commercial purposes like marriages/ parties etc. The decision was delivered in a public interest litigation filed by one Suresh Thanvi.
A division bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta, observed, "It is hereby directed that the respondent No.2 Municipal Corporation, Jodhpur shall ensure that the land in question shall be strictly used as a public park and no deviation shall be permitted in this regard. No commercial activities viz. marriages/ parties, etc. shall be allowed thereupon".
Case Title: Sheela Dhobi v. Satish
Citation: 2022 LiveLaw (Raj) 19
The Rajasthan High Court has allowed a joint application filed by the petitioner-wife and the respondent-husband for waiver of six months cooling off period prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955 for divorce by mutual consent.
Justice Dinesh Mehta, observed, " In light of the facts and circumstances of the case, particularly the fact that the parties are sufficiently educated and are aware of their rights...as they have mutually decided to end their matrimony finding no hope/chance of reconciliation, I am of the opinion that their application for waiver of the statutory period of six months specified under Section 13-B(2) of the Act of 1955 deserves acceptance."
The parties had approached the court after being aggrieved with the order passed by the Family Court, Bhilwara, which on 16 Dec, 2021 dismissed the aforesaid prayer of the parties.
Case Title: Shobha Devi v. Jodhpur Vidhyut Vitran Nigam Limited and Anr.
Citation: 2022 LiveLaw (Raj) 20
In a significant judgment, the single bench of Rajasthan High Court held that the married daughter of a deceased employee falls within the definition of 'dependents' for compassionate appointment.
"The perception of the daughter, after marriage no longer being a part of her father's household and becoming an exclusive part of her husband's household, is an outdated view and mindset."Justice Dr. Pushpendra Singh Bhati, observed.
The court observed that any discrimination between unmarried & married daughter and married son & married daughter would be in clear violation of Article 14 ,15 and 16 of the Constitution.
Case Title: Kailash Chandra Agarwal v. State of Rajasthan and Ors., with connected matters
Citation: 2022 LiveLaw (Raj) 21
The Rajasthan High Court has recently observed that the employees of Central Co-Operative Bank, who remained out of service due to the latter's 'illogical' decision reducing the age of superannuation, are entitled to the salary for the said period.
The Bank had passed a resolution, reducing the superannuation age from 60 to 58 years.
Justice Rekha Borana, observed, "Petitioners would be entitled to the salary for the period during which they remained out of service. The same shall be paid to them within a period of three months from the date of receipt of the copy of this order".
While allowing the petition, the court ruled that if the salary is not paid within the said period, it would then be payable along with an interest at the rate of 6% per annum.
Case Title: Naresh Kumar v. State of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 22
The Rajasthan High Court has observed that validity of an order passed by the Child Welfare Committee under the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot be examined in a writ of habeas corpus.
A division bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta made it clear that such an order passed under the JJ Act is valid and thus, the person cannot be said to be under illegal confinement for the purpose of issuing a writ of habeas corpus.
" It is trite to state that validity of an order passed by the Child Welfare Committee under the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot be examined in a writ of habeas corpus. Apparently, as the corpus has been sent to the Balika Gruh, Jodhpur under a valid order of the Child Welfare Committee in terms of the Juvenile Justice (Care and Protection of Children) Act, 2015, she is not under any kind of illegal confinement."
The present habeas corpus petition has been filed by the petitioner seeking a direction for production of one Mst. 'P', claiming that she is his legally wedded wife and that she has been wrongfully confined.
Case Title: Lahar Kanwar v. State of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 23
The Rajasthan High Court has directed the state government to decide on a war widow's plea seeking grant of possession and document of title of the land allotted to her in 1991, under the relevant scheme.
Justice Dinesh Mehta observed that the petitioner is the widow of a martyr, who sacrificed his life for safety and dignity of the country. Thus, the least the State can do is either hand over the possession of the allotted land or search for an alternate piece of land.
It directed the petitioner to file a representation before the District Collector, Pali and the Sub-Divisional Officer, Bali along with relevant documents and order copy of the Court's decision within two weeks.
Case Title: Anita Suthar v. State of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 24
A division bench of Rajasthan High Court observed that special bona fide residence is to be reckoned from the native place of residence of candidate & his parents and has nothing to do with marriage.
Justice Vinod Kumar Bharwani and Justice Sandeep Mehta, observed, "Special bona fide residence or residence is to be reckoned from the native place of residence of the candidate and his parents. It has nothing to do with marriage."
The court opined that the respondents cannot deny the petitioner Special Bonafide Resident Certificate (TSP Area) simply because she has moved out of Tribal Sub Plan (TSP) Area, as a consequence of her marriage.
Case Title: Tej Singh and Ors. v. The State of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 25
The Rajasthan High Court has observed that writ petition against rejection of temporary injunction application by trial court is not maintainable under Articles 226 and 227 of the Constitution.
Justice Dinesh Mehta, observed, "A writ petition against rejection of TI application by the trial Court is not maintainable under Articles 226 and 227 of the Constitution, as a hierarchy of appellate authorities have been provided in the (Rajasthan Tenancy) Act of 1955".
In the present matter, the petitioners had instituted a suit for declaration of rights under Section 88 along with an injunction application under Section 212 of the Rajasthan Tenancy Act 1955. The same was however rejected by the trial Court vide order dated 29.12.2021.
Case Title: Bhagwati Prasad v. The Principal Secretary, Department Of Mines And Geology and Ors.
Citation: 2022 LiveLaw (Raj) 26
The Rajasthan High Court has asked the authorities concerned to objectively examine the grievances raised in a writ petition pertaining to discharge of industrial effluents in the Railmagra Dam and take appropriate action within a period of two months.
A division bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta directed that the authorities shall be served a copy of the writ petition in the form of a representation. These authorities include Chief Engineer, Water Resources Department, Government of Rajasthan, Jaipur; the Rajasthan State Pollution Control Board, Jaipur and the Krishi Vigyan Kendra, Rajsamand.
The bench further ruled, "Upon receiving the same, these authorities shall objectively examine the petitioners' grievances and pass a reasoned order/ take appropriate action thereupon, within a period of two months from the date of submission thereof."
Case Title: Tax Bar Association and Anr v. Union Of India and Anr
Citation: 2022 LiveLaw (Raj) 27
The Rajasthan High Court has expressed its disinclination to entertain a public interest litigation seeking direction to the Income Tax Department to remove all the defects and glitches on its official portal. The court left it on the administration to deal with the issues at its level.
A division bench of Chief Justice Akil Kureshi and Justice Rekha Borana observed, " At this stage, we leave it to the administration to deal with these issues at its level. We are hopeful that proper resolution of the difficulties of assessees would be made at the level of the administration itself without the requirement of Court's intervention."
Case Title: Dr. Gopal Choudhary v. UG/PG Ayush Counseling Board and Ors.
Citation: 2022 LiveLaw (Raj) 28
The Rajasthan High Court has directed the Ayush Counseling Board to allot appropriate college to the petitioner, an Ayurveda aspirant, against the vacant seats, for pursuing his PG course in the academic Session 2020-21.
Justice Dinesh Mehta, observed,
" This Court is of the view that interest of justice would be better served if the petitioner is accorded admission in Ayurveda PG course. Keeping the seats vacant serves nobody's cause – it is a wastage of resources."
Case Title: Smt. Sayari and Ors. v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 29
While taking a lenient view, a Division Bench of Rajasthan High Court reduced sentence awarded to an 82 year old woman charged under 498A IPC to the period already served by her which is nearly two and half months.
Justice Sandeep Mehta and Justice Vinod Kumar Bharwani observed, "We are of the view that as appellant Sayari has already attained the age of 82 years, the sentences awarded to her be reduced to the period already undergone by her which is nearly two and half months".
Affirming the conviction of the woman, the court ordered that for the offence under Section 498A IPC, as recorded by the trial court and passed by the learned Additional Sessions Judge, Sojat, Pali, the sentence awarded to the appellant be reduced to the period already undergone by her..
Case Title: The National Insurance Co. Ltd, through its Regional Manager, Jaipur v. Mohini Devi & Ors.
Citation: 2022 LiveLaw (Raj) 30
Case No: S.B. Civil Miscellaneous Appeal No. 615/2007
Rajasthan High Court has recently ruled that appeal under Section 30 of the Workmen's Compensation Act, 1923 is not maintainable in absence of framing any substantial question of law.
Justice Anoop Kumar Dhand, while dismissing the appeal, observed, "I do not find any ground to call for any interference on the factual findings recorded by the learned Commissioner. Since no substantial question of law has been formulated in the memo of appeal, hence, this appeal is not maintainable in view of the proviso attached to Section 30 of the Act of 1923."
The court pursued the proviso attached to Section 30 of the Act of 1923 and observed that appeal shall lie against any order passed by the learned Commissioner unless a substantial question of law is involved in the appeal.
Case Title: Shyam Seva Samiti v. State of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 31
A division bench of Rajasthan High Court observed that mere formation of a committee cannot take away rights of a private college/institution, which is otherwise eligible and entitled for enhancement of the intake capacity.
The court opined that the decision of forming a five member committee of the Ministers of the State Government, in order to take policy decisions in relation to establishment of and setting standard for private colleges, is absolutely misplaced.
The court observed that the state's action of not permitting the enhancement of the intake capacity of the petitioner institution is arbitrary and illegal.
Case Title: Meeta Agarwal v. Hathroigari Grah Nirman Sehkari Samiti and Ors.
Citation: 2022 LiveLaw (Raj) 32
A single bench of Rajasthan High Court, Jaipur observed that under section 21 of Civil Procedure, Code, 1908, the objection with regard to pecuniary jurisdiction shall be taken at the first instance at the earliest possible opportunity.
Justice Sudesh Bansal, ruled, "It is settled position of law as per Section 21 of the Code of Civil Procedure that the objection with regard to pecuniary jurisdiction shall be taken at the first instance at the earliest possible opportunity".
Notably, the court observed that adjournments in the suit should not be granted without just cause and when unnecessarily warranted be, by a reasoned order or on a proper application in writing there being filed to the satisfaction of the trial Court.
Other Important Updates
Case Title: Sunita Gurjar v. State of Rajasthan
A single bench of Rajasthan High Court, Jaipur directed the state to keep a constable post vacant in constable recruitment exam 2019 under MBC female category for a candidate wrongly denied benefit of 4 marks for LLB degree, till further orders.
Justice Mahendar Kumar Goyal, observed, "Taking into consideration the contentions advanced by the learned counsel for the petitioner and the material on record, this court directs the respondents to keep one post of Constable under the MBC female category vacant, till further orders".
The court issued notice after hearing the petitioner on interim relief.
Case title - Karan Sen v. State of Rajasthan
The Rajasthan High Court is set to examine the question as to at which stage in a criminal proceeding, an accused having evident proof to show that he has been falsely implicated in a POCSO matter, can move an application under Section 22 of the POCSO Act, which deals with Punishment for false complaint or false information.
Essentially, the Bench of Justice Uma Shankar Vyas has issued a notice to the State of Rajasthan and original complainant while dealing with a criminal revision petition filed by one Karan Sen challenging the order of the Special POCO court no. 1 Jaipur Metro taking cognizance of offences under the POCSO Act against the petitioner.
Case title - Rituraj Singh Rathore v. State Of Rajasthan & Ors.
The Rajasthan High Court has stayed all construction activities being undertaken within a distance of 1000 meters from the boundary of the Kumbhalgarh Forest Reserve.
The bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani has also clarified that the Principal Secretary, Department of Tourism and District Collector, Rajsamand and Pali shall be personally responsible for ensuring compliance of the court's order.
Case title - Ishwar Prasad Khandelwal v. Shri Niranjan Kumar Arya and another
The Rajasthan High Court on Tuesday issued a notice to Chief Secretary, State Of Rajasthan and Principal Secretary Department Of Women And the Child Development State Of Rajasthan on a contempt plea filed regarding vacant posts in Rajasthan State Commission For Women.
The bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani was hearing the contempt plea filed by a social worker Ishwar Prasad Khandelwal alleging that the state government had not taken any steps to constitute the Board of The Rajasthan State Commission for women in the state, despite giving an assurance in this regard before the Court.
In view of the prevailing situation and spread of Covid-19, the Rajasthan High Court has decided to continue the functioning of all Subordinate Courts, Special Courts & Tribunals only through virtual mode till 29 Jan, 2022.
As per the circular, the aforesaid step was taken for the safety and security of all concerned.
The circular reads, "In view of the prevailing situation and spread of Covid-19, for safety and security of all concerned, it is hereby notified that all the Subordinate Courts/ Special Courts/ Tribunals shall continue to function only through virtual mode till 29.01.2022"
