AMIT SHARMA AND OTHER Vs. GOVERNMENT OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel appearing for the respondent No.5 at the outset, raised objections pertaining to maintainability of the present writ petition. It was, inter alia, submitted that the petitioner No.1 - Amit Sharma had filed S.B. Civil Writ Petition No.7211/2017 at Jaipur Bench, which writ petition was dismissed on 16.5.2017 holding the same as not maintainable, however, the petitioner without disclosing the said aspect, has filed the present writ petition. It is further submitted that petitioner No.2 - Manorath Singh Thakur had also filed S.B. Civil Writ Petition No.13722/2016 at Jaipur Bench, which writ petition is pending till date and the next date fixed is 19.12.2018, which fact also was not disclosed before this Court and the petitioners indulging in forum shopping, have filed the present writ petition at Jodhpur immediately after dismissal of writ petition at Jaipur and have been successful in obtaining ex parte interim order and, therefore, as the petitioners have approached this Court with unclean hands, the writ petition filed by the petitioners deserves to be dismissed.

(2.) Learned counsel for the petitioners most apologetically made submissions that the petitioners never disclosed the said aspects to the counsel, however, it was submitted that the cause of action in the writ petitions filed at Jaipur Bench was different as in the said writ petitions, the petitioners had challenged the order dated 26.5.2016 and in the present writ petition, the petitioners have questioned the action of the respondents post issuance of letter dated 26.5.2016 and, therefore, it cannot be said that the writ petition is not maintainable.

(3.) I have considered the submissions made by learned counsel for the parties and have perused the material available on record.