HC div bench overturns single-bench FIR directive

Jaipur: A division bench of Rajasthan High Court set aside two orders passed by a single bench in petitions challenging notices issued for vacating govt accommodation, holding that the court travelled beyond the scope of the original pleadings and granted reliefs not sought in the writ petitions. In its order, the single bench had directed an FIR to be lodged against a govt employee.The division bench of Justice Inderjeet Singh and Justice Ravi Chirania passed the order on Feb 23 while allowing an appeal filed by Upendra Singh.
The division bench quashed the single judge's orders dated April 24, 2025, and April 29, 2025, which directed that the appellant be summoned through a bailable warrant and further ordered registration of an FIR against him.Appearing for the appellant, advocate Sunil Samdaria pointed out that after the petitioner retired from service, the single bench on Feb 24, 2025, observed that the dispute had come to an end. However, instead of disposing of the petitions, the court sought information from the state govt regarding retired and transferred employees continuing to occupy govt accommodation.Samdaria said that when the state allegedly failed to furnish the information within the stipulated time, the single bench appointed Divyesh Maheshwari as court commissioner and Yogita Bishnoi as coordinator to inspect houses occupied by govt employees. During the inspection, officials visited the appellant's residence in his absence. Later, upon his return, a dispute and altercation arose between the appellant and Yogita Bishnoi, who was also his neighbour. Bishnoi initially filed a police complaint and, about a month later, moved an application before the single bench seeking directions for registration of an FIR.