[2025:RJ-JP:31484] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6355/2025 1. Om Prakash S/o Badri Prasad, Aged About 60 Years, Resident Of Koliyo Ka Raasta, Gram Rahuwas, Tehsil Rahuwas, Zila Dausa, Raj. 2. Babulal S/o Badri Prasad, Aged About 55 Years, Resident Of Koliyo Ka Raasta, Gram Rahuwas, Tehsil Rahuwas, Zila Dausa, Raj. 3. Sukhram S/o Badri Prasad, Aged About 50 Years, Resident Of Koliyo Ka Raasta, Gram Rahuwas, Tehsil Rahuwas, Zila Dausa, Raj. 4. Narsi S/o Badri Prasad, Aged About 60 Years, Resident Of Koliyo Ka Raasta, Gram Rahuwas, Tehsil Rahuwas, Zila Dausa, Raj. ----Petitioners Versus 1. Shankar S/o Narayan, Aged About Unknown, Resident Of Koliyo Ka Raasta, Gram Rahuwas, Tehsil Rahuwas, Zila Dausa, Raj. 2. Hukumchand S/o Bardichand, Aged About Unknown, Resident Of Koliyo Ka Raasta, Gram Rahuwas, Tehsil Rahuwas, Zila Dausa, Raj. 3. Kajod S/o Bardichand, Aged About Unknown Resident Of Koliyo Ka Raasta, Gram Rahuwas, Tehsil Rahuwas, Zila Dausa, Raj. 4. Narendra S/o Bardichand, Aged About Unknown Resident Of Koliyo Ka Raasta, Gram Rahuwas, Tehsil Rahuwas, Zila Dausa, Raj. ----Respondents For Petitioner(s) : Mr. Gaurav Kumawat For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 13/08/2025 By way of filing the instant writ petition, the petitioner has laid challenge to order dated 08.10.2024 passed by the Court of Judicial Magistrate, Lalsot in case No.48/2023, whereby [2025:RJ-JP:31484] (2 of 3) [CW-6355/2025] petitioner's application under Order I Rule 10 CPC, seeking to implead the petitioner has been rejected. Learned counsel for the petitioner submitted that the basic reason, for which the Court below has rejected petitioner's application, was that the requisite statutory notice under Section 109 of the Panchayati Raj Act had not been issued/served to the concerned Gram Panchayat. Mr. Gaurav Kumawat, learned counsel for the petitioner pointed out that a notice dated 25.01.2025, vide registered post acknowledgment due had already been sent, but this fact could not be brought to the notice of the Court below. A copy of the said notice and the acknowledgment thereof has been placed by the petitioner as Annexure-8, with the present writ petition. Heard learned counsel for the petitioner and perused the material available on record. Without pronouncing upon the merit of the impugned order, since the order impugned has been passed essentially, as no notice under Section 109 of the Act of 1996 had been issued/served to the concerned Gram Panchayat, this Court deems it appropriate to permit the petitioner to move a fresh application, seeking impleadment of the concerned Gram Panchayat on the basis of the aforesaid notice dated 25.01.2025 allegedly sent to the Gram Panchayat Bhadwanwala. Accordingly, the present writ petition stands disposed of with the aforesaid liberty to the petitioner. Needless to observe that as and when, such application is filed by the petitioner, the Trial Court shall decide the same afresh [2025:RJ-JP:31484] (3 of 3) [CW-6355/2025] in accordance with law, without being influenced by the present order and the order dated 08.10.2024 earlier passed by it. (GANESH RAM MEENA),J Gaurav Srivastava /51