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Rajasthan High Court Weekly Round-Up: February 14 To February 20, 2022
ANIRUDH VIJAY
21 Feb 2022 9:39 AM IST
Judgments/ Orders of the Week 1. 'General Allegations Based On Newspaper Reports Won't Be A Cause For Taking Cognizance In Public Interest'; Rajasthan HC Disposes PIL Seeking Directions To Cover All Borewells In State Case Title: Air Tree Foundation Society v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 59 The division bench of Rajasthan High...
Judgments/ Orders of the Week
Case Title: Air Tree Foundation Society v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 59
The division bench of Rajasthan High Court observed that mere general averments/allegations based on newspaper reports should not and will not be a cause for taking cognizance in public interest.
This petition was filed with a prayer for direction to the respondents-state that all the borewells in the State should be covered so that through accident there is no casualty of human beings or animals.
The plea was filed by Air Tree Foundation Society, through its Secretary, Shri Manish Sharma.
Chief Justice Akil Kureshi and Justice Sudesh Bansal, while disposing the petition, observed,
"Mere general averments/allegations based on newspaper reports should not and will not be a cause for taking cognizance in public interest."
Case Title: Balaji Nagar Vikas Samiti, Through Its President Heera Lal Kulariya v. Jodhpur Development Authority
Citation: 2022 LiveLaw (Raj) 60
A division bench of Rajasthan High Court observed that the disputed question of fact regarding title of the plot in question cannot be gone into by the High Court while exercising its extraordinary writ jurisdiction. The court opined that the issues require a decision of civil court.
Justice Vinod Kumar Bharwani and Justice Sandeep Mehta, observed,
"In this view of the matter, manifestly, the disputed question of fact regarding title of the plot in question cannot be gone into by this Court while exercising its extraordinary writ jurisdiction. The issues definitely require decision of the civil court. Hence, the civil court is required to expedite the proceedings in the pending TI application."
Case Title: Ganga Kumari v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 61
The Rajasthan High Court has directed the state government to take steps to treat the transgender community as socially and educationally backward class of citizens and extend all kinds of reservations in cases of admission in educational institutions and for public appointments.
The division bench of Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas has granted four months' time to complete this exercise.
The development ensued in a writ petition filed by one Ganga Kumari, seeking effective reservation to the transgenders in terms of the mandate of the Supreme Court in the case of National Legal Services Authority Vs. Union of India & Ors.
Case Title: Arvind Sharma v. North-West Railway and Ors.
Citation: 2022 LiveLaw (Raj) 62
The Rajasthan High Court has dismissed a public interest litigation opposing the decision of the railway authorities to close down the railway senior secondary school at Abu Road, which was operating since the year 1862.
Noting that the school has been running in losses due to dwindling number of students, the division bench of Chief Justice Akil Kuresh and Justice Sudesh Bansal observed,
" It is rather unfortunate that the school which has been in existence since over a century, may have to be closed down. It does disturb us that in an area where educational facilities have still not fully developed to the desired extent, one public school is under closure. However such sentimental issues cannot govern our judicial discretion. The railway authority which has to run the school is in best position to decide its future. Unless the decision is shown to be malafide or opposed to any of the legal principles, the Court would not substitute its wisdom or desire for that of the authority. With a heavy heart we dismiss this petition."
The Court however made it clear that the decision to close the school shall not be implemented till the end of the current academic term.
Case Title: Lakhpat Ola v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 63
The Rajasthan High Court, Jaipur has observed that in a public interest litigation, the petitioner is not absolved of producing at least a basic proof of the allegations levelled by him.
A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed,
"Even otherwise we find the petition with long pleadings are long in averments but short in contents. The allegations made in the petition would require supporting evidence. Even in a public interest petition the petitioner is not absolved of producing at least a basic proof of his allegations."
The present public interest litigation was filed by one Lakhpat Ola, alleging that certain officials of the Government have embezzled public funds by committing irregularities in public works contracts.
Case Title: Assistant Commissioner, Commercial Taxes, Circle-A, Bharatpur Rajasthan v. M/s C.P. Agro Industries Roopwas, Bharatpur, Rajasthan
Citation: 2022 LiveLaw (Raj) 64
The Rajasthan High Court, Jaipur has observed that provisions of Rajasthan Value Added Tax Act, 2003 have been enacted to provide remedy for loss of revenue and not to punish the offender for committing economic offence and, therefore, mens rea is not an essential ingredient for contravention of such provision.
The court added that breach would attract levy of penalty whenever the goods in movement have travelled with an incomplete form.
A division bench of Justice Pankaj Bhandari and Justice Anoop Kumar Dhand, while placing reliance in Guljag Industries v. Commercial Taxes Officer [2007 (7) SCC 269] observed,
"Even the Hon'ble Apex Court has held that provisions have been enacted to provide remedy for loss of revenue and it is not enacted to punish the offender for committing economic offence and, therefore, mens rea is not an essential ingredient for contravention of such provision. The breach would attract levy of penalty whenever the goods in movement have travelled with an incomplete form."
Case Title: No. 970250021 Sep/driver Ramraj Meena v. Union of India
Citation: 2022 LiveLaw (Raj) 65
The Rajasthan High Court, Jaipur Bench has refused to interfere in the disciplinary authority's decision, which dismissed CRPF Constable-petitioner from service as he did not report for duty on completion of leave period.
A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed,
"In our view the petitioner has not made out any case for interference. We may recall, the petitioner was engaged as constable of CRPF which is a disciplined force. He remained unauthorisedly absent without sanctioned leave or communication to the department for about one year. This was a clear case of misconduct."
Case Title: Vijay Narayan Sharma & Anr. v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 66
The Rajasthan High Court, Jaipur observed that no interference is permissible in exercise of powers of judicial review for matters pertaining to construction of public utility building, unless it is demonstrated that there is a flagrant violation of any provision of law/rules in the action of authorities or it suffer from mala fides.
A division bench of Justice Pankaj Bhandari and Justice Anoop Kumar Dhand ruled,
"It is the settled law that the matter regarding construction of a building of public utility is the domain of the Government and its functionaries and until and unless it is demonstrated that there is a flagrant violation of any provision of law/rules in the action of authorities or it suffer from mala fides, no interference is permissible in such administrative matters while exercising powers of Judicial Review under Article 226 of the Constitution of India."
The present writ petition was filed seeking directions to the respondent state to immediately stop or cancel the proposal/work of creating a new Gram Panchayat Building on land of Khasra No.3418/1. Alternatively, petitioners sought directions to the respondents to develop the existing Gram Panchayat Building by incorporating a closed school's land and that sanctioned budget of Rs.25.00 lacs be transferred for said purpose immediately. Petitioners alleged that the new
Case Title: Hari Singh Meena v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 67
The Rajasthan High Court dismissed a plea seeking direction to the state government to treat the experience gained by the petitioner in Gujarat as eligible for award of bonus marks under the Rajasthan Ayurvedic Rules, for recruitment to the post of Compounder / Nurse Junior Grade.
In furtherance, the court opined that the intention of the State is to confine the benefit of award of bonus marks to those employed in the enumerated schemes within the State of Rajasthan and not others.
Essentially, the petitioner, who is working with the Regional Ayurveda Research Institute, Ahmedabad (Gujarat), based on his experience certificate dated 1.7.2021, applied for the post and sought bonus marks for the experience as depicted in the experience certificate.
Case Title: The Oriental Insurance Company Ltd. v. Manhbar Devi
Citation: 2022 LiveLaw (Raj) 68
The Rajasthan High Court observed that any erroneous finding or any error of law cannot be the basis for entertaining an appeal under Section 30 of the Employee's Compensation Act, 1923 unless such erroneous findings do not give rise to substantial question of law.
Justice Sudesh Bansal, observed, "It is settled law that unless the findings of fact recorded by the Commissioner, are not shown to be perverse, the same are not required to be interfered with in the appeal. Any erroneous finding or any error of law cannot be the basis for entertaining an appeal under Section 30 of the Act of 1923 unless such erroneous findings do not give rise to substantial question of law."
11.Rajasthan High Court Refuses To Accept Claim For Compassionate Appointment Citing Delay Of 17 Years
Case Title: Smt. Parwati Devi W/O Late Shri Mool Singh Vs. Director (G) and Nodal Officer (PG)
Citation: 2022 LiveLaw (Raj) 69
The division bench of Rajasthan High Court observed refused to accept petitioner's claim for compassionate appointment after a great lapse of 17 years.
Justice Anoop Kumar Dhand and Justice Manindra Mohan Shrivastava, ruled, "We are of the considered opinion that the contentions put forward by the counsel for the petitioners, do not carry any merit, as the subsequent representations were made after a decade. Thus, this Court is not able to accept the claim of the petitioners for compassionate appointment after a great lapse of 17 years. Thus, the impugned order dated 19.08.2021 passed by the Tribunal warrants no interference by this Court."
Case Title: Satya Narayan & Ors. v. The H.D.F.C. Irgo General Insurance Company Limited & Ors.
Citation: 2022 LiveLaw (Raj) 70
The question whether interest on compensation for motor accident claims exigible to tax and resultantly, is insurance company required to deduct tax at source while making such payment to the claimants has been referred to the larger bench by the division bench of Rajasthan High Court.
Chief Justice Akil Kureshi and Justice Uma Shanker Vyas, ordered,
"Under the circumstances reference may be made to the Larger Bench on following question:- 'Whether the interest payable on motor accident claim compensation is exigible to tax and resultantly is the insurance company required to deduct tax at source while making such payment to the claimants?"
The court observed,
"In view of this position and also considering the importance of the issue as also the fact that the issue is a recurring one arising in large number of motor accident claim cases, it is desirable that there is an authoritative pronouncement on this question by Larger Bench."
Other Important Updates
Case Title: Ved Prakash Chokdayat v. High Court of Rajasthan & Anr
The division bench of Rajasthan High Court issued notice in another plea challenging the answer key of Civil Judge Cadre of Rajasthan Judicial Services (Preliminary Examination), 2021.
The aforesaid exam was conducted on 28.11.2021 and its final result was declared on 11.01.2022.
Justice Manindra Mohan Shrivastava and Justice Birendra Kumar, ruled,
"Issue notice to respondents on payment of P.F. by 31.01.2022, returnable on or before 16.02.2022. List this matter on 16.02.2022."
Case Title: Raahat The Safe Community Foundation v. Ministry Of Road Transport And Highways
The division bench of Rajasthan High Court issued notice in a public interest litigation seeking to restrain unregulated Vehicle Fitness Centers from issuing certificates.
While referring to the unregulated Vehicle Fitness Centers which alleged to have indiscriminately granted fitness certificates to unfit vehicles, the plea states,
"These Vehicle Fitness Centers running in the State of Rajasthan must be restrained from issuing Fitness Certificates as the same amounts to having cascading effect and consequence upon the safety, life and liberty of the public at large in the state of Rajasthan."
