- (1.) LEARNED counsel for the respondents has filed an application for early hearing of the writ petition. Application is allowed. With the consent of learned counsel for the parties, arguments were heard and writ petition is being disposed off finally.
(2.) LEARNED counsel for the respondents has raised an objection that this writ petition is directed against notice issued by the adjudicatory authority, therefore, writ petition is not maintainable. He also submitted that in similar matter, i.e. D.B. Civil Writ Petition No. 9905/2007, M/s. Navjeevan Industries Vs. Union of India and Others, decided on 07.12.2011, this Court has already dismissed the writ petition.
(3.) LEARNED counsel for the petitioner submitted that notice is without jurisdiction and contrary to the principles of natural justice, therefore, this Court can entertain the writ petition directly. It is further submitted that the Division Bench of this Court at Principal Seat at Jodhpur in Rishabdeo Tex Print Pvt. Ltd. and Another Vs. Chairman, Rajasthan Financial Corporation and Others (D.B. Civil Writ Petition No. 325/2005) decided on 24.11.2005, has already allowed the writ petition in similar circumstances, therefore, present case is fully covered by aforesaid decision. Be that as it may, since present writ petition is directed against notice, therefore, all such arguments, which have been advanced before us by learned counsel for the petitioner, can very well be advanced before adjudicatory authority. Ordinarily, this Court does not entertain the writ petition against notice issued by the adjudicatory authority.;