Rajasthan High Court Weekly Roundup: February 28 To March 6, 2022

Nominal IndexAkhil Bhartiya Vidyarthi Parishad (ABVP) v. The State Of Rajasthan and Ors.; 2022 LiveLaw (Raj) 81 Chitranshi Goyal v. Indian Oil Corporation Ltd.; 2022 LiveLaw (Raj) 82 Prakash Chand Saini v. State Of Rajasthan; 2022 LiveLaw (Raj) 83 Bhagwati Singh (Since Deceased) S/o (Late) Shri Raja Mansingh v. Raja Laxman Singh S/o (Late) Shri Raja Mansingh and connected matter; 2022 LiveLaw (Raj) 84 Karma Ram v. The Board of Secondary Education, Ajmer, through its Secretary; 2022 LiveLaw (Raj) 85 Vinod Sharma v. Smt. Shanti Devi & Ors.; 2022 LiveLaw (Raj) 86 M/s B.r. Construction Company Versus Additional Director; 2022 LiveLaw (Raj) 87Judgments/ Orders of the Week 1. REET Paper Leak: Rajasthan High Court Refuses To Transfer Probe To CBI; Will Monitor Progress Made By State's 'Special Operation Group' Case Title: Akhil Bhartiya Vidyarthi Parishad (ABVP) v. The State Of Rajasthan and Ors. Citation: 2022 LiveLaw (Raj) 81 The Rajasthan High Court has ordered to keep under its supervisory control the ongoing investigation by State's Special Operation Group (SOG) in the REET-2021 examination paper leak case. A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed, "Investigation must not be fair but must also appear to be fully fair and free from any pulls or pressures. As of now, we do not see any reason to disturb the ongoing investigation in the hands of SOG. However we would keep the supervisory control of this ongoing investigation. This would enable us to observe closely the further progress of investigation and consider the option of forming a special investigating team if at any stage we find that the investigation is not progressing satisfactorily." 2. Sale Deed Shall Operate From Date of Execution If No Registration Thereof Had Been Made & Not From Time of Its Registration: Rajasthan HC Case Title: Chitranshi Goyal v. Indian Oil Corporation Ltd. Citation: 2022 LiveLaw (Raj) 82 The Jaipur bench of Rajasthan High Court, while relying on Sections 23, 47 and 74 of Registration Act, 1908, reiterated that registration of sale deed shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration. Justice Sameer Jain, while allowing the plea, ruled, "The prayers made by the petitioner in the present writ petition appear to be justified and the impugned action of the respondents communicated by them to the petitioner vide their letter/email dt.13/03/2019 in not considering the case of the petitioner for retail outlet under Group-1 is held to be unjustified. The respondents are accordingly directed to consider the claim of the petitioner for allotment of retail outlet under the category of Group-1 and proceed further." 3. Illegal Encroachment Of Kotputli Road: Rajasthan High Court Quashes Public Notices For Demolition Case Title: Prakash Chand Saini v. State Of Rajasthan Citation: 2022 LiveLaw (Raj) 83 The Rajasthan High Court has quashed the public notices for demolition issued by Nagar Palika asking all the occupants within the Kotputli road land to remove their structures. A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, ordered, "1. Any of the appellants-original petitioners who may have received the said notice dated 14/15.12.2021 may file objections before the authorities. If no objection is raised, the same be done within a period of 30 days from today. The objection which have already been received or those may be received 30 days thereafter be disposed of by the authorities by a speaking order as desired by the learned Single Judge. 2. Public notice dated 23.12.2021 is quashed." 4. Titles Like 'Raja' Can't Be Used In Courts, Public Offices Etc As They Are Prohibited Under Articles 14, 18 & 363A Of Constitution : Rajasthan High Court Caste Title: Bhagwati Singh (Since Deceased) S/o (Late) Shri Raja Mansingh v. Raja Laxman Singh S/o (Late) Shri Raja Mansingh and connected matter Citation: 2022 LiveLaw (Raj) 84 The Rajasthan High Court, Jaipur Bench, has held that the use of salutations and titles such as "Raja", "Nawab" and "Rajkumar" in constitutional courts, all other Courts, tribunals, public offices of the State etc. is prohibited in terms of Articles 14, 18 and 363A of the Constitution of India. The court ordered that the said restriction will also apply in the public domain as well as public documents & public offices. Justice Sameer Jain, ruled, "In the light of above, this Court holds that in Constitutional Courts, all other Courts, Tribunals, public offices of the State etc., the use of salutation and titles is prohibited in terms of Articles 14 18 and 363A of the Constitution of India. The said restriction will also apply...

Rajasthan High Court Weekly Roundup: February 28 To March 6, 2022

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