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None Present For The vs None Present For The on 4 September, 2014

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 4609/2013. Vinod Kumar Meena Vs. State of Rajasthan & Ors. Date of Order :::: 04th September, 2014. PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

None present for the petitioner.

None present for the respondents.

--

BY THE COURT:

1. The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Mr. M.R. Singhvi, Sr. Advocate and Mohit Singhvi, counsel for the petitioner is shown in the cause list and previous order dated 01.05.2013.

2. The case is listed in today's cause list at Serial No.21 in the category "for admission with notice served-reply filed". None is present on behalf of petitioner and the respondents. Perused the record.

S.B. CIVIL WRIT PETITION NO. 4609/2013. Vinod Kumar Meena Vs. State of Rajasthan & Ors. Order dated 04/09/2014

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3. The present writ petition has been filed by the petitioner, Vinod Kumar Meena, on 27.04.2013 and has sought following relief(s): -


None Present For The vs None Present For The on 4 September, 2014

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 2726/2014.

Guddi Paliwal Vs. State of Rajasthan & Ors.

Date of Order :::: 04th September, 2014.

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

None present for the petitioner.

None present for the respondents.

--

BY THE COURT:

1. The lawyers are observing strike which is contrary to

various Supreme Court decisions. Name of Mr. Pramendra

Bohra, counsel for the petitioner is shown in the cause list.

2. The case is listed in today's cause list at Serial

No.22 in the category "for admission with notice served-reply

filed". None is present on behalf of petitioner, and the

respondents. Perused the record.

3. The present writ petition has been filed by the

petitioner, Guddi Paliwal W/o Om Ram Paliwal, on 07.04.2014

and has sought following relief(s): -

"It is, therefore, respectfully prayed that the S.B. CIVIL WRIT PETITION NO. 2726/2014. Guddi Paliwal Vs. State of Rajasthan & Ors.

None Present For The vs "It Is, Therefore, Most ... on 5 September, 2014

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 3543/2013. Ram Narayan Vs. State & Ors. ..

Date of Order :::: 5th September, 2014.

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

None present for the petitioner

--

BY THE COURT:

1. The lawyers are observing strike which is contrary to

various Supreme Court decisions. Name of Mr. Mahesh Thanvi,

as the counsel for the petitioner, is shown in the cause list.

2. Nobody is present for the petitioner.

3. Perused the record. The case is listed at Sl. No. 12 in the

cause list under the category of "Admission With Notice Served -

Reply Not Filed".

4. The writ petition has been filed by the petitioner in this

Court on 21.03.2013 with the following prayers:-

"It is, therefore, most respectfully prayed that this writ petition may kindly be allowed, and by an appropriate writ, order or directions: (i) The respondents may kindly be directed to absorb the petitioner with all consequential benefits.

None Present For The vs "It Is, Therefore, Most Humbly And on 5 September, 2014

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 4213/2014. Lachhi Ram Vs. State & Ors. ..

Date of Order :::: 5th September, 2014.

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

None present for the petitioner --

BY THE COURT:

1. The lawyers are observing strike which is contrary to

various Supreme Court decisions. Name of Mr. Shardul Bishnoi,

as the counsel for the petitioner, is shown in the cause list.

2. Nobody is present for the petitioner.

3. Perused the record. The case is listed at Sl. No. 2 in the

cause list under the category of "For Fresh Admission Without

Stay".

4. The writ petition has been filed by the petitioner in this

Court on 28.05.2014 with the following prayers:-

"It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:

(i) the respondents may kindly be directed to grant the

Dr. Triloki Nath Verma vs Dr. M.S. Rathore, Private on 5 September, 2014

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 5612/2012. Dr. Triloki Nath Verma

Vs.

Jai Narain Vyas University, Jodhpur & Ors. ..

Date of Order :::: 5th September, 2014.

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

Dr. Triloki Nath Verma, petitioner present-in-person. Dr. M.S. Rathore, private respondent No. 4, present-in-person. Dr. R.K. Dave, privarte respondent No. 5, present-in-person. Mr. S.P. Ramdeo, Officer-in-Charge, Establishment (T), Jai Narain Vyas University, Jodhpur, present-in-person. --

BY THE COURT:

1. The lawyers are observing strike which is contrary to various

Supreme Court decisions. Name of Mr. Rajesh Shah, as the counsel

for the petitioner and Dr. Sachin Acharya and Mr. Sandeep Shah, as

the counsel for the respondents, is shown in the cause list.

2. Heard the petitioner Dr. Triloki Na

Dr. A.A. Bhansali vs State Of Rajasthan & Ors on 26 September, 2014

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dated 26/09/2014 1/7 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: S.B. CIVIL WRIT PETITION NO. 6468/2014. Chaturbhuj Saini Vs. State of Rajasthan & Ors. Date of Order :::: 26th September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Dr. A.A. Bhansali, for the petitioner. -- BY THE COURT:

1. The petitioner was working as working as Junior Accountant in the Local-Self Govt. Department, was working with the Municipal Council, Takhatgarh, District: Pali. The petitioner has preferred this writ petition aggrieved by issuance of charge sheet (Annex.5) dated 15.04.2014. The petitioner is said to be due to retire on 30.09.2014 after four days. The substance of the charges framed against the petitioner reads as under: -

              "यह ह क      आप नगर प ल            , तखतगढ म
        ननष     ख    र      पद पर         य     रत हए स र
      जयनत" शहर$ र%जग र य%जन                  अनतगत पलशकर

S.B. CIVIL WRIT PETITION NO. 6468/2014. Chaturbhuj Saini Vs. State of Rajasthan & Ors.


                                                      Order dated 26/09/2014

                                   2/7दन स*ब*ध" स*स-       % अग/म भगत न दत समय                  ख
      ल पप  

Mr. G.R. Punia vs State & Ors on 26 September, 2014

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dated 26/09/2014 1/9 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: S.B. CIVIL WRIT PETITION NO. 5481/2014. Barkat Ali & Ors. Vs. State of Rajasthan & Ors. & S.B. CIVIL WRIT PETITION NO. 4317/2014. Mahipal Pichkiya Vs. State of Rajasthan & Ors. & S.B. CIVIL WRIT PETITION NO. 4512/2014. Rajesh Kumar Meena Vs. State of Rajasthan & Ors. & S.B. CIVIL WRIT PETITION NO. 4514/2014. Barkat Ali Vs. State of Rajasthan & Ors. Date of Order :::: 26th September, 2014 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. G.R. Punia, Sr. Advocate with Mr. Sukesh Bhati, Mr. Jamvant Gurjar, Mr. Y.P. Khileree, for the petitioners. Mr. Manish Patel, Addl. Govt. Counsel. -- BY THE COURT:

1. These writ petitions involving common controversy, are being decided by this common order. The facts are illustratively taken from the SBCWP No.5481/2014-Barkat Ali & Ors. Vs. State & Ors.

2. The petitioners were working in different positions in the respondent Panchayat Samiti- Bhopalgarh and they were S.B. CIVIL WRIT PETITION NO. 5481/2014.

Barkat Ali & Ors. Vs. State of Rajasthan & Ors.

Mr. G.R. Punia vs State & Ors on 26 September, 2014

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dated 26/09/2014 1/9 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: S.B. CIVIL WRIT PETITION NO. 5481/2014. Barkat Ali & Ors. Vs. State of Rajasthan & Ors. & S.B. CIVIL WRIT PETITION NO. 4317/2014. Mahipal Pichkiya Vs. State of Rajasthan & Ors. & S.B. CIVIL WRIT PETITION NO. 4512/2014. Rajesh Kumar Meena Vs. State of Rajasthan & Ors. & S.B. CIVIL WRIT PETITION NO. 4514/2014. Barkat Ali Vs. State of Rajasthan & Ors. Date of Order :::: 26th September, 2014 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. G.R. Punia, Sr. Advocate with Mr. Sukesh Bhati, Mr. Jamvant Gurjar, Mr. Y.P. Khileree, for the petitioners. Mr. Manish Patel, Addl. Govt. Counsel. -- BY THE COURT:

1. These writ petitions involving common controversy, are being decided by this common order. The facts are illustratively taken from the SBCWP No.5481/2014-Barkat Ali & Ors. Vs. State & Ors.

2. The petitioners were working in different positions in the respondent Panchayat Samiti- Bhopalgarh and they were S.B. CIVIL WRIT PETITION NO. 5481/2014.

Barkat Ali & Ors. Vs. State of Rajasthan & Ors.


Mr. G.R. Punia vs State & Ors on 26 September, 2014

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dated 26/09/2014 1/9 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: S.B. CIVIL WRIT PETITION NO. 5481/2014. Barkat Ali & Ors. Vs. State of Rajasthan & Ors. & S.B. CIVIL WRIT PETITION NO. 4317/2014. Mahipal Pichkiya Vs. State of Rajasthan & Ors. & S.B. CIVIL WRIT PETITION NO. 4512/2014. Rajesh Kumar Meena Vs. State of Rajasthan & Ors. & S.B. CIVIL WRIT PETITION NO. 4514/2014. Barkat Ali Vs. State of Rajasthan & Ors. Date of Order :::: 26th September, 2014 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. G.R. Punia, Sr. Advocate with Mr. Sukesh Bhati, Mr. Jamvant Gurjar, Mr. Y.P. Khileree, for the petitioners. Mr. Manish Patel, Addl. Govt. Counsel. -- BY THE COURT:

1. These writ petitions involving common controversy, are being decided by this common order. The facts are illustratively taken from the SBCWP No.5481/2014-Barkat Ali & Ors. Vs. State & Ors.

2. The petitioners were working in different positions in the respondent Panchayat Samiti- Bhopalgarh and they were S.B. CIVIL WRIT PETITION NO. 5481/2014.

Barkat Ali & Ors. Vs. State of Rajasthan & Ors.

Mr. Pramendra Bohra vs Unknown on 29 September, 2014

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dated 29/09/2014 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: S.B. CIVIL WRIT PETITION NO. 6273/2014. Sumitra Choudhary Vs. State of Rajasthan & Ors. Date of Order :::: 29th September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Pramendra Bohra, for the petitioner. -- BY THE COURT:

1. The petitioner, working as 'Gram Sevak-cum- Secretary of the Gram Panchayat- Beri Tala, Panchayat Samiti Sindhari, District: Barmer, has filed the present writ petition aggrieved by the impugned charge-sheet served upon her vide (Annex.11) dated 30.08.2014 and the impugned order (Annex.10) dated 30.08.2014 placing her under suspension on account of initaition of enquiry against the petitioner.

2. Mr. Pramendra Bohra, learned counsel for the petitioner submits that since the petitioner filed a complaint against the Sarpanch vide (Annex.6) (Page 33 of the paper book) on 11.03.2014 and, therefore, on account of malafide against her, the said Sarpanch has got her suspended and the charge S.B. CIVIL WRIT PETITION NO. 6273/2014.

Sumitra Choudhary Vs. State of Rajasthan & Ors.

Order dated 29/09/2014

None Present For The vs Order Dt: 29/09/2014 on 29 September, 2014

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Dt: 29/09/2014 on 29 September, 2014
                                          S.B. CIVIL WRIT PETITION No.6719/2014.
                           Ummed Singh Rajpurohit & Ors. Vs. State of Rajasthan & Ors.

                                                                  Order dt: 29/09/2014
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     IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

                            AT JODHPUR.



                                 ORDER



              S.B. CIVIL WRIT PETITION No.6719/2014.
     Ummed Singh Rajpurohit & Ors. Vs. State of Rajasthan & Ors.



DATE OF ORDER                    :::                   29th September 2014


                            PRESENT

              HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

None present for the petitioners.
                                        --

BY THE COURT:

1. None is present on behalf of petitioner, though name of Mr. R.S. Choudhary, is shown in the cause list.

2. Perused the record.

3. The petitioners have filed the present writ petition in this Court on 22.09.2014 seeking following relief(s): -

"It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction: -
(i)the respondents may kindly be directed to consider the past service of the petitioners S.B. CIVIL WRIT PETITION No.6719/2014. Ummed Singh Rajpurohit & Ors. Vs. State of Rajasthan & Ors.
Order dt: 29/09/2014

Mr. V.K. Mathur vs State Of Rajasthan & Ors on 29 September, 2014

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dated 29/09/2014 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: S.B. CIVIL WRIT PETITION NO. 6606/2013. Bhagwas Dass Vs. State of Rajasthan & Ors. Date of Order :::: 29th September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. V.K. Mathur, for the petitioner. None present for the respondents. -- BY THE COURT:

1. The present writ petition has been filed by the petitioner, Mr. Bhagwas Dass S/o Sh. Panju Ram, in this Court on 22.05.2013 seeking following relief(s): -

"It is, therefore, humbly prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:
1. The record of the case may kindly be called for.
2. The order of suspension dated 2.4.2013 (Annx.5) may kindly be declared illegal S.B. CIVIL WRIT PETITION NO. 6606/2013. Bhagwas Dass Vs. State of Rajasthan & Ors.
Order dated 29/09/2014 2/3 and the same may be quashed and set aside.

Mr. Digvijay Singh Jasol vs Unknown on 29 September, 2014

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:: S.B. CIVIL REVIEW PETITION NO. 131/2014. IN S.B. CIVIL WRIT PETITION NO. 11418/2013. State of Rajasthan & Anr. Vs. Dr. Seema Ojha .. Date of Order ::::: 29th September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Digvijay Singh Jasol, Government Counsel, for the petitioners. -- BY THE COURT:

Having heard the learned counsel for the petitioner and having perused the record of the case, this Court is of the opinion that no case is made out seeking review of the order dated 29.04.2014.

By the impugned order dated 29.04.2014, the writ petition filed by the respondent Dr. Seema Ojha was decided in the light of the judgment rendered in the case of Dr. Narendra Singh Rathore Vs. State & Anr. SBCWP No. 5960/2013, decided on 22.05.2013.

Accordingly, this review petition is dismissed.

(Dr. VINEET KOTHARI), J.

/Mohan/ / 23 /

Mr. R.S. Saluja vs State Of Rajasthan & Ors on 29 September, 2014

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dated 29/09/2014 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: S.B. CIVIL WRIT PETITION NO. 1616/2014. Dharamveer Godara & Ors. Vs. State of Rajasthan & Ors. Date of Order :::: 29th September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. R.S. Saluja, for the petitioners. Mr. N.K. Mehta, Addl. Govt. Counsel. -- BY THE COURT:

1. The petitioners, who are diploma holder in Civil Engineering, their names were forwarded by the Man Power Department as Junior Engineer to the respondent Public Health & Engineering Department (PHED) and accordingly the petitioners were given appointment vide orders dated 10.12.1987 (Annex.2) and order dated 27.01.1997 (Annex.3) on ad hoc basis in the pay scale of Rs.1160-2360. The petitioners served the in ad hoc capacity for a couple of years, however, their services were later on regularized vide the order dated 31.12.2013 with effect from 02.07.2003.

S.B. CIVIL WRIT PETITION NO. 1616/2014.

Dharamveer Godara & Ors. Vs. State of Rajasthan & Ors.

Order dated 29/09/2014 2/3

2. Learned counsel for the pe

Mr. M.S. Purohit vs "It Is on 29 September, 2014

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dated 29/09/2014 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: S.B. CIVIL WRIT PETITION NO. 6206/2014. Satya Narayan Singh Vs. State of Rajasthan & Ors. Date of Order :::: 29th September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. M.S. Purohit, for the petitioner. -- BY THE COURT:

1. The petitioner was serving as Operator Grade-I, the third respondent, Bikaner Dugdh Utpadak Sahkari Sangh Ltd., Bikaner, upon achieving the age of superannuation of 58 years, was retired from the services on 31.05.2013. Later on, the respondent/employer took a decision vide Annex.7 dated 25.07.2014, which decision was to become effective from that date only and the retirement age of its employee was increased from 58 years to 60 years.

2. The present writ petition has been filed by the petitioner on 30.08.2014 with the following prayers: -

S.B. CIVIL WRIT PETITION NO. 6206/2014. Satya Narayan Singh Vs. State of Rajasthan & Ors.
Order dated 29/09/2014 2/4 "It is, therefore, prayed that:
i)

Mr. Mahipal Rajpurohit vs The G.M. Human Resources ... on 29 September, 2014

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:: S.B. CIVIL REVIEW PETITION NO. 98/2014. IN S.B. CIVIL WRIT PETITION NO. 2348/2003. Kishore Singh Vs. The G.M. Human Resources Department, Punjab National Bank & Ors. .. Date of Order ::::: 29th September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Mahipal Rajpurohit, for the petitioner. -- BY THE COURT:

Having heard the learned counsel for the petitioner and having perused the record of the case, this Court is of the opinion that no case is made out seeking review of the order dated 03.01.2014.

By the impugned order dated 03.01.2014, the writ petition filed by the present petitioner [SBCWP No. 2348/2003 Kishore Singh Vs. The G.M. Human Resources Department, PNB & Ors. was disposed of with a direction and liberty to the mother of the petitioner to move suitable representation to the respondent Punjab National Bank and the respondent Punjab National Bank was directed to consider and decide the same in accordance with law.

Accordingly, this review petition is dismissed.

(Dr. VINEET KOTHARI), J.

/Mohan/ / 22 /

Mr. Rajendra Charan For The vs Lal Chand. A Complaint Thereafter ... on 29 September, 2014

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D.B. CIVIL WRIT (HABEAS CORPUS) PETITION NO.6807/2014 Birma Devi Versus The State of Rajasthan & Ors. Date of Order :: 29.09.2014 PRESENT HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MR. JUSTICE BANWARI LAL SHARMA Mr. Rajendra Charan for the petitioner BY THE COURT :

A missing person report was lodged at the police station concerned regarding missing of alleged detenue Mr. Lal Chand. A complaint thereafter was filed on 16.01.2012 by the son of the alleged detenue against the respondent No.5 alleging commission of offence punishable under Section 302 IPC. The complainant in the case aforesaid apprehended murder of his father. The case was registered as FIR No.22/2012 at police station Chunawadh, District Sriganganagar. The investigating agency on 20.12.2012 submitted a negative final report, that is pending before the competent court. Now this habeas corpus petition is preferred [2] to have a direction for the respondents to produce the corpus before the court.

We are of the considered opinion that no adequate material is available on record to establish illegal detention of missing person, namely, Mr. Lal Chand. The petitioner, if is having any grievance with the investigating agency, the remedy lies before some other forum, but not by way of invoking extra ordinary jurisdiction of this court to have a writ in the nature of habeas corpu

Dr. Jaya Dadhich For The vs Unknown on 29 September, 2014

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D.B. CIVIL WRIT (HABEAS CORPUS) PETITION NO.6875/2014 Sampat Ram Versus The State of Rajasthan & Ors. Date of Order :: 29.09.2014 PRESENT HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MR. JUSTICE BANWARI LAL SHARMA Dr. Jaya Dadhich for the petitioner BY THE COURT :

Having considered all facts of the case, we are of the considered opinion that the petitioner is required to adopt the course of availing remedy under Section 97 of the Code of Criminal Procedure. Accordingly, the petition for writ is dismissed. The petitioner is at liberty to approach the competent Magistrate as per provisions of Section 97 of the Code of Criminal Procedure.

[BANWARI LAL SHARMA], J. [GOV IND MATHUR], J. Pramod

Mr. Nitin Trivedi vs This Transfer Petition Has Been ... on 29 September, 2014

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: S.B. CIVIL TRANSFER PETITION NO.54/2014 Hemlata Vs. Pawan Kumar Sharma Date of Order :: 29.09.2014 PRESENT HON'BLE MR. JUSTICE ARUN BHANSALI Mr. Nitin Trivedi, for the petitioner. ---- BY THE COURT:

This transfer petition has been filed by the petitioner wife seeking transfer of proceedings instituted by the respondent before the Family Court, Sriganganagar to the Family Court, Bikaner.

It is, inter alia, indicated that the marriage between the parties was solemnized on 08.07.2008 at Bikaner; on 06.06.2009, a male child was borne out of the wedlock. It is submitted that thereafter the disputes arose between the parties regarding demands of dowry etc. and the petitioner was turned out of the matrimonial home in the year 2009. In March, 2012, the petitioner was taken back in the matrimonial home, however, on 01.06.2012, she was turned out again. It is submitted that in June, 2013, the petitioner filed application under Section 125 Cr.P.C. seeking maintenance before the Family Court, Bikaner and the present proceedings have been instituted by the respondent in June, 2014 before the Family 2 Court, Sriganganagar under Section 9 and in the alternative Section 13 of the Hindu Marriage Act, 1955. It is submitted that the petitioner being a lady, is required to look after her minor son and

Mr. Salil Trivedi vs Mr. Chandra Shekhar on 29 September, 2014

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: S.B. CIVIL SECOND APPEAL NO.157/1982 The Union of India vs. Chandra Shekhar & Ors. Date of Judgment :: 29th September, 2014 PRESENT HON'BLE MR. JUSTICE ARUN BHANSALI Mr. Salil Trivedi, for the appellant. Mr. Chandra Shekhar respondent No.1 present in person. ---- BY THE COURT:

This second appeal under Section 100 CPC is directed against judgment and decree dated 22.05.1982 passed by Additional District Judge, Sirohi, whereby, judgment and decree dated 22.03.1978 passed by Munsif, Desuri has been upheld.

The facts in brief may be noticed thus: the plaintiff - Daulat Singh (since deceased) filed a suit against the defendants- appellants seeking permanent injunction restraining them from dispossessing him from the suit land; it was, inter alia, claimed in the plaint that the land in question was sold through a Patta granted by Gram Panchayat, Rani on 23.05.1958 though the plaintiff was in possession of the land since 1943 and had established a godown for storing coal; an agreement dated 07.01.1958 was executed among Sarpanch, Gram Panchayat, Rani, plaintiff and officers of Western Railways, wherein, it was accepted that the land was of plaintiff's possession and was comprised in the Patta and all the rights between the parties were determined by the said agreement; on 01.08.1969 agent of the Railways informed plaintiff that defendant No. 3 - Assistant 2 Engineer, We

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