- (1.) LEARNED counsel for both the parties conceded that similar writ petition, i.e. D.B. Civil Writ Petition No. 6103/2004(M/s. H.F. Marbles Vs. Union of India & Others) has been decided today and present case is fully covered by the order passed by this Court in that writ petition. The following order has been passed in D.B. Civil Writ Petition No. 6103/2004: ?LEARNED counsel for the respondents has filed an application for early hearing of the writ petition. Application is allowed.
(2.) WITH the consent of learned counsel for the parties, arguments were heard and writ petition is being disposed off finally. 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 & Others, decided on 07.12.2011, this Court has already dismissed the writ petition. 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. & Another Vs. Chairman, Rajasthan Financial Corporation & 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. In these circumstances, we are not inclined to decide the writ petition on merits and we grant liberty to the parties to take all legal and factual objections before the adjudicatory authority.
(3.) IT is needless to mention that adjudicatory authority, after hearing both the parties, will pass speaking and reasoned order. Writ petition is, accordingly, dismissed with no order as to costs. Stay application is also dismissed.? For the same reasons mentioned in the aforesaid order, present writ petition is also dismissed. Stay application is also dismissed.;