1 IN THE HIGH COURT OF JUDICATURE FOR RAJALSTHAN AT JAIPUR BENCH, JAIPUR O R D E R D.B.CIVIL WRIT (PAROLE) PETITION NO.10468/2009 ( Magan Lal vs. State ) DATE OF ORDER ::: DECEMBER 16, 2009 P R E S E N T HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE RAGHUVENDRA S.RATHORE By Post. Mrs.Rekh Madnani,Public Prosecutor for the State BY THE COURT: The petitioner has preferred two letter petitions by post one, for his transfer from District Jail Tonk to Central Jail, Kota and another for grant of first parole for 20 days. A notice to show cause was given to the respondent and in response thereof, a reply to letter petitions has been filed. From the reply, it reveals that so far as the transfer of petitioner from Tonk to Kota, he has approached to this Court directly without approaching the concerned authorities first, and so far as grant of parole is concerned, it has been mentioned in the reply that petitioner was released on emergent parole on the ground of death of his mother w.e.f. 6th June, 2009 to 11th June, 2009. 2 We have considered the contents of the letter petitions as well as the reply. So far as petition relating to transfer is concerned, the petitioner should approach the authorities concerned first and in case his prayer is rejected then only he can approach to this Court against the order rejecting his prayer. So far as another prayer about release on first parole is concerned, it is relevant to mention that as per Rule 10 of the Rajasthan Prisoners Release on Parole Rules, 1958, no second or subsequent release on parole shall be made unless 11 months have elapsed from the date of the expiry of the period of release on parole immediately preceding. It is a case of subsequent release on parole after emergent parole. Therefore, we find that this petition cannot be entertained before expiry of 11 months from 11th June, 2009. In these circumstances, we do not find any force in both the letter petitions and hence the writ petition is dismissed being devoid of merits. A copy of this order be sent to the convict petitioner for information. (Raghuvendra S.Rathore) j. (Narendra Kumar Jain) J. BKS/-