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2025 DAILYLAW 14000 (RAJ)

AMAR CHAND v. STATE OF RAJ AND ORS

CW/4251/2008 · 2025-04-01

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:14614] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4251/2008 Amar Chand S/o Shri Narayan Ram, aged about 60 years, R/o J- 666 Azad Nagar Kachhi Basti, Sodala, Jaipur. ----Petitioner Versus 1. The State of Rajasthan through Director General of Police, Police Head Quarter, Jaipur. 2. The Inspector General of Police, Range-1, Mini Secretariat, Jaipur. 3. The Superintendent of Police (Head Quarter) Jaipur City, Collectorate, Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Ms.Karishma Soni for Mr.Vinod Kumar Gupta, Addl.GC. JUSTICE ANOOP KUMAR DHAND Order 01/04/2025 1. By way of filing this writ petition, a challenge has been led the impugned order dated 08.11.2007 passed by the respondents, by which the recovery has been initiated against the petitioner. 2. Learned counsel for the respondent-State submits that the very same order was under challenge before the Rajasthan Civil Services Appellate Tribunal (for short, “the Tribunal”) in Appeal No.2883/2007 submitted by the petitioner. Counsel submits that during pendency of the said appeal, the petitioner has approached this Court by way of filing this writ petition. Counsel submits that the said appeal has been decided by the Tribunal vide order dated 17.06.2011 and the said order is not under challenge in the [2025:RJ-JP:14614] (2 of 2) [CW-4251/2008] present writ petition, hence, under these circumstances, this petition is not maintainable. 3. Heard and considered the submissions made at Bar and perused the material available on record. 4. Perusal of the record as well as the reply submitted by the respondents indicates that challenge to the impugned order dated 08.11.2007 was made by the petitioner before the Tribunal, one by way of filing appeal and another, before this Court by filing of the instant writ petition. 5. It is a settled proposition of law that a person cannot be allowed to avail two parallel remedies simultaneously, before two forum of law with regard to the same grievance. Once the petitioner has approached the Tribunal by way of filing appeal against the impugned order, he cannot be allowed to file instant petition against the same impugned order. The said action of the petitioner violates the principles of res judicata. Hence, this petition is not maintainable and is liable to be and is hereby rejected. 6. However, the petitioner would be at liberty to assail the order passed by the Tribunal dated 17.06.2011 before the appropriate form of law. 7. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /111