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SHYAM LAL versus STATE & ANR.

High Court of Rajasthan

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SHYAM LAL v STATE & ANR. - CW Case No. 3789 of 2004 [2007] RD-RJ 2093 (18 April 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

ORDER

S.B. CIVIL WRIT PETITION NO. 3789/2004

SHYAM LAL

Vs.

State of Rajasthan and Anr.

Date of Order : 18/04/2007

PRESENT

HON'BLE MR. JUSTICE H.R.PANWAR

Mr. H.S.Sidhu for the petitioner.

Mr. R.K.Mehta for the respondent.

Mr. B.L.Tiwari, Dy. G.A.

BY THE COURT:-

By the instant writ petition under Article 226 of the

Constitution of India, the petitioner has challenged the order

Annex. P-2 dated 19.6.2004 transferring him from Municipality

Mundwa to Municipality Nagaur. The operation of the order transferring the petitioner came to be stayed by this Court on 1.2.2005. Thus, for nearly about three years, after the passing of the transfer order, the petitioner is continuing at Mundwa. In my view, no useful purpose would be served after lapse of three years to allow the order impugned qua the petitioner to stand.

Accordingly, the writ petition is allowed. The order impugned Annex.P-2 dated 19.6.2004 qua the petitioner transferring him from Mundwa to Nagaur is set aside. However, it will be open for the respondents, if any service exigency arises, to pass a fresh order. Stay petition also stands disposed of. No order as to costs.

(H.R.PANWAR),J. rp


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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