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2025 DAILYLAW 18348 (RAJ)

BHAGIRATH PRASAD JAT SON OF SHRI KANA RAM JAT v. STATE OF RAJASTHAN

CW/7305/2025 · 2025-05-16

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:20838] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7305/2025 1. Bhagirath Prasad Jat Son Of Shri Kana Ram Jat, Aged About 65 Years, Resident Of Village And Post Gulabbadi, Tehsil Shahpura, District Jaipur, Rajasthan. 2. Hari Narayan Dadarwal Son Of Shri Shyam Lal Jat, Aged About 55 Years, Resident Of Village And Post Gulabbadi, Tehsil Shahpura, District Jaipur, Rajasthan. 3. Ramesh Gathala Son Of Shri Balu Ram Gathala, Aged About 65 Years, Resident Of Village And Post Gulabbadi, Teshil Shahpura, District Jaipur, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Rural Development And Panchayati Raj Department, Secretariat, Government Of Rajasthan, Jaipur, Rajasthan. 2. The Secretary And Commissioner, Rural Development And Panchayati Raj Department, Secretariat, Government Of Rajasthan, Jaipur, Rajasthan 3. District Collector Jaipur, Rajasthan. 4. Sub-Division Officer, Shahpura, District Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Pradeep Kalwania For Respondent(s) : Mr. Rajendra Prasad, AG with Ms. Harshita Thakral JUSTICE ANOOP KUMAR DHAND Order 16/05/2025 1. The instant writ petition is filed by the petitioners with the following prayer(s):- “(i) By issuance of an appropriate writ, order or direction, to quash and set aside the letter dated 11.02.2025 issued by the Sub-Divisional Oficeer, Shahpura, District Jaipur or alternately modify upto the extent to creation of Gram Panchayat Gulabari instead of Parmanpura. (ii) By issuance of an appropriate writ, order or direction direct the respondents to create the Gram Panchayat Gulabari instad of Parmanpura in Jaipur District or alternative the headquarter be fix at Gulab Bari in Jaipur District. [2025:RJ-JP:20838] (2 of 2) [CW-7305/2025] (iii) By issuance of an appropriate writ, order or direction which may deem fit and proper in the facts and circumstances of the case in favour of the petitioners. (iv) Cost of the writ petition may also be awarded in favour of the petitioners.” 2. The petitioners are seeking directions against the respondent to create Gram Panchayat Gulab Bari instead of Parmanpura in District Jaipur and in the alternative headquarter be fixed at Gulab Bari in Jaipur District. 3. Learned Advocate General opposes the prayer and submits that till date final decision has not been taken so far and the matter is still under process, hence, no cause of action arises to the petitioners in the instant writ petition to approach this Court. Learned Advocate General counsel submits that without there being any cause of action, the petitioners have approached this Court and the writ petition is liable to be rejected. 4. Considering the above submissions made by learned Advocate General and looking to the fact that the matter is still under process of forming Gram Panchayat at Parmanpura in Jaipur District as such since no final decision has been taken by the government, this writ is premature and the same is hereby dismissed. 5. However, the petitioners would be at liberty to approach the appropriate forum, in case, any cause of action arises in future to them. 6. Stay application as well as other pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J ANIL SHARMA /197