BHAWANI SAHAI MEENA S/O SHRI ROOPNARAYAN MEENA v. DISTRICT AND SESSION JUDGE
CW/15968/2024 · 2025-04-07
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31589 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31589 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:15552] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15968/2024 Bhawani Sahai Meena S/o Shri Roopnarayan Meena, Aged About 56 Years, R/o Bhairu Ka Chabutra, Near Police Line, Alwar. ----Petitioner Versus
1. District And Session Judge, Alwar.
2. Civil Judge (S.d.) And Additional Chief Judicial Magistrate Laxmangarh, District Alwar. ----Respondents For Petitioner(s) : Mr. Nagendra Sharma For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND Order 07/04/2025
1. Aggrieved by the order dated 15.07.2006 passed by the respondent No.1, the instant writ petition has been preferred.
2. Admittedly, the order dated 15.07.2006 has been passed by the respondent No.1 in exercise of powers contained under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short ‘the Rules of 1958’) and the said order is appealable under Rule 23 of the Rules of 1958, but without availing the alternative statutory remedy of filing appeal, the petitioner has straightaway approached this Court by way of filing the instant writ petition.
[2025:RJ-JP:15552] (2 of 2) [CW-15968/2024]
3. It is settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of Appellate Authority.
4. In view of the above, instant petition stands disposed of granting liberty to the petitioner to file statutory appeal under Rule 23 of the Rules of 1958 before the appropriate authority.
5. Stay application and all applications (pending, if any) also stand disposed of.
(ANOOP KUMAR DHAND),J KuD/124