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Kamla Devi W/o Shri Jagdish Ray v. State Of Rajasthan & Others

Kamla Devi W/o Shri Jagdish Ray v. State Of Rajasthan & Others

(High Court Of Rajasthan, Jodhpur Bench)

S.B. Civil Writ Petition No. 10196/2021 | 05-08-2021

1. Mr. KS Rajpurohit, learned AAG appearing for the respondent-State submits that the posting order dated 30.7.2021 impugned in the present writ petition, has been kept in abeyance by the Director (Gazetted), Medical and Health Services, Jaipur, vide its order dated 2.8.2021.

2. It is submitted Mr. Rajpurohit, that the same is kept in abeyance in light of possible 3rd wave of Covid-19.

3. Learned counsel appearing for the petitioner is not in a position to dispute the same.

4. In view of the aforesaid, the cause of action does not subsist.

5. The writ petition as well as the stay application is therefore, disposed of.

6. Needless to observe that the petitioner shall be at liberty to file fresh writ petition, if any fresh cause of action arises or the respondent-State proceeds in furtherance of the posting order dated 30.7.2021, impugned in the instant writ petition.

Advocate List

  • Mr. Inderjeet Yadav

  • Mr. K.S. Rajpurohit, AAG Mr. Shreyansh Mehta

Bench
  • HON'BLE MR.JUSTICE DINESH MEHTA
Eq Citations
  • LQ/RajHC/2021/7868
Head Note

Constitution of India — Arts. 226 and 32 — Maintainability — Non-subsistence of cause of action — Writ petition and stay application disposed of — Petitioner not in a position to dispute the respondent-State's submission that the impugned posting order has been kept in abeyance in light of possible 3rd wave of Covid-19 — Hence, cause of action did not subsist