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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.715/2009
(Balbir Singh Vs. State of Rajasthan & Ors.)
Date of order :: 29.01.2009
P R E S E N T
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr.R.S. Choudhary, for the petitioner.
Heard learned counsel for the petitioner.
This writ petition has been filed by the
petitioner for seeking relief against the impugned
notice dated 19th December, 2008 (Annexure-4)
issued by the Tehsildar (Revenue), Rawatsar in
pursuance of the award passed against the
petitioner by the Motor Accident Claims Tribunal,
Hanumangarh.
The contention of learned counsel for the
petitioner is that the said award was passed ex-
parte and for setting aside the award dated 20th
April, 2007 he has filed an application under
Order 9 Rule 13 CPC before the Tribunal alongwith
an application for stay. Notices have been issued
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by the concerned court for service upon the
application filed by the petitioner. But due to
non-availability of Presiding Officer, the court
is not deciding the stay application of the
petitioner.
I have perused Annexure-7 the order-
sheets of the Tribunal.
In my opinion, it is obvious from the
order-sheets that no prayer was made by the
petitioner for granting stay. The notices have
been issued by the Presiding Officer who was
holding the charge on the date of entertaining the
application filed under Order 9 Rule 13 CPC.
In this view of the matter, the
petitioner is required to press his application or
is required to make prayer to the concerned Court
for deciding his application for stay.
No ground for interference under Article
226 and 227 of the Constitution of India is made
out.
Hence, the writ petition is dismissed.
(GOPAL KRISHAN VYAS), J.
A.K. Chouhan/-