Justice Dr. Pushpendra Singh Bhati of Rajasthan High Court, while setting aside an order passed by Jaisalmer District and Sessions Court, said that it is necessary to have judicial discipline. A petition was presented before the single bench on behalf of Municipal Council Jaisalmer and Chairman Municipal Council Jaisalmer.
Additional State Counsel Rajesh Parihar told in the petition that Govardhan Das Kalla Residential Scheme was prepared by the Municipal Council in which applications were invited for a total of 1065 plots. The result, which was earlier challenged in the Rajasthan High Court, was kept subject to outcome of petition by the High Court.
Subsequently, the petition was presented again and in that too the allotment was kept subject to the final result. After that the petition is pending before the High Court division bench. During this time, when the Appellant reached the Supreme Court with a special appeal, the Supreme Court disposed of it and said that auction notice will be published after this. It will also be included in the auction that the auction will be subject to the outcome of the pending writ petition. secondly, while issuing allotment letters to the allottees, the Municipal Council shall also include in the allotment letter that the allotment is subject to the outcome of the pending writ petition. With these instructions the Supreme Court disposed of the appeal.
After this the applicants once again filed a civil claim before the Jaisalmer District and Sessions Court regarding 107 plots. Whose District and Sessions Judge Jaisalmer has passed the order on 105th July 2023. On this, the court has given instructions by setting aside the order of Jaisalmer District and Sessions Court. That judicial discipline is necessary.
The court said that in the case which has been decided by the High Court and the Supreme Court, before passing any decision in future, the order of the High Court Division Bench should be kept in mind so that any violation of judicial discipline can be avoided.
Website designed, developed and maintained by webexy