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2017 DIGILAW 1968 (RAJ)

Dinesh Mahawar v. State of Rajasthan

2017-09-04

DINESH MEHTA

body2017
ORDER : Dinesh Mehta, J. The present writ petition has been placed for consideration with the following note mentioned by the Registry :- "Note: - Petitioner is resident of Dausa, which falls in Jaipur jurisdiction." 2. When the learned counsel for the petitioner attempted to address on the merits of the case, this Court posed a question about the maintainability of the present writ petition at Principal Seat of this Court; as the petitioner as well as the concerned respondent No. 4 - the Chief Executive Officer, Zila Parishad (both of District Dausa) are subject to the jurisdiction of Jaipur Bench of this Court. 3. Learned counsel for the petitioner could not give satisfactory reply to the question of maintainability raised by this Court. 4. On perusal of the record, it transpires that the counsel for the petitioner has gone to the extent of appending a foot-note No. 6 in the memo of writ petition in following terms :- "6. The matter pertains to Jodhpur jurisdiction." 5. Pursuant to the said note, the matter has been passed by the Stamp Reporter and placed for consideration before this Court. 6. On perusal of the record, this Court finds that even a fraction of cause of action, has not arisen within the jurisdiction of the Principal Seat and as such the writ petition is not maintainable. 7. The petitioner has tried to mislead the Registry and in turn this Court, by mentioning that the matter pertains to Jodhpur jurisdiction, for which the petition is dismissed with a cost of Rs. 1000/-. The cost of Rs. 1000/- shall be deposited by the petitioner by way of Demand Draft drawn in favour of Rajasthan High Court Legal Services Committee, Jodhpur attached to this Court. 8. The petitioner shall of course be at liberty to prefer a writ petition at Jaipur Bench of this Court, if so desired. However, the payment of cost shall be a precursor to the maintainability of subsequent writ petition at Jaipur. 9. A copy of this order be sent to the Dy. Registrar (Judicial) at Jaipur Bench, Rajasthan High Court Legal Services Committee, Jodhpur and to the Chief Executive Officer, Zila Parishad, Dausa for intimation.