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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.2280/2009
(Yusuf Mohd. Vs. State of Raj. & Ors.)
Date of order : 30.03.2009
P R E S E N T
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. Gopal Acharya, for the petitioner.
Heard learned counsel for the petitioner.
This is second inning of litigation.
Earlier, the petitioner made a complaint with regard
to four issues of respondent No.6. Upon which an
enquiry was conducted by Sub-Divisional Officer,
Shahpura, District Bhilwara and following finding was
given by the said authority :
"उपखण अध क र न अपन ज च ररप र म यह
उल ख ककय ह कक श!क यतकत यस
# फ
# म हममद द र !र फ
म हममद, प रद व न 2 च+थ सनत न ज हहर क जनम हदन क
18.4.96 क कर ह#ई जब कक ज हहद क1 जनम हदन क
15.09.95 ह ज र ०प ०वव० तहव गर ! हप#र क ! पव!
पत म कक पह म अककत ह । यह श!क यत आपस रजज!व!
करन शसद ह त ह ।"
The petitioner preferred a writ petition
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before this Court against the said enquiry and the
earlier writ petition filed by the petitioner being SB
Civil Writ Petition No.7333/08 was dismissed and it
was specifically observed that no direction is
required to be given in this case and only observation
was made that it is expected from the respondents that
they will decide the matter expeditiously.
It is obvious that once the compliant of the
petitioner was enquired into and the competent
authority came to the conclusion that the complaint
filed by the petitioner is false, against that
enquiry, a representation was made to the higher
authorities, thereafter, the above cited writ petition
was filed by the petitioner, which was dismissed by
this Court vide order dated 19.09.2008.
Again the petitioner has preferred the
present writ petition for seeking direction to the
respondents for conducting enquiry and finalizing his
matter.
As per decision of Hon’ble Division Bench of
this Court reported in 2005 (1) WLC 245, the role of
the complainant comes to an end as and when he made
complaint. He has no right to interfere in the
subject matter of the enquiry between the State
Government and elected person against whom the
complaint has been filed. The above judgment of
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Hon’ble Division Bench was followed by this Bench in
SB Civil Writ Petition No.7999/08 decided on
24.10.2008.
In this view of the matter, after perusing
the report given by the Dy. Director (Zonal), Local
Self Department, Ajmer, in my opinion, the petitioner
is unnecessarily raising voice to take revenge against
the respondent No.6 and for the same he is repeatedly
filing writ petitions before this Court and making
complaints which were already enquired and the enquiry
report was submitted by the concerned authority.
In this view of the matter, this writ
petition is dismissed with cost of Rs.2,000/-.
(GOPAL KRISHAN VYAS), J.
arun