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2025 DAILYLAW 29000 (RAJ)

ROHIT S/O LATE BHUDEV MEENA v. MANISHA BAI D/O LATE BHUDEV LAL MEENA

CW/14590/2023 · 2025-04-24

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:17427] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14590/2023 1. Rohit S/o Late Bhudev Meena, Aged About 22 Years, Resident Of The Residential Near Truck Union, Gangapurcity, District Sawaimadhopur. 2. Guddi Devi @ Maheshi Bai W/o Late Bhudev Meena D/o Battilal, Aged About 46 Years, Resident Of The Residential Near Truck Union, Gangapurcity, District Sawaimadhopur. 3. Abhishek S/o Late Bhudev Meena, Aged About 23 Years, Resident Of The Residential Near Truck Union, Gangapurcity, District Sawaimadhopur. ----Petitioners Versus 1. Manisha Bai D/o Late Bhudev Lal Meena, Aged About 25 Years, R/o Govindpura, Tehsil Sapotara, District Karauli, Presently Residing Village Bhotai, Tehsil- Bamanwas, District Gangapur City. 2. Joint Director, State Insurance And Provident Fund Department, Sawaimadhopur, Rajasthan. 3. Chief Engineer, Public Health Engineering Department, Jal Bhawan Hasanpura Road, Jaipur, Rajasthan. 4. Executive Engineer, Public Health Engineering Department, Section Gangapurcity, District Sawaimadhopur. 5. Assistant Engineer, Public Health Engineering Department, Sub - Section Rural Gangapurcity, District Sawaimadhopur. 6. Through Branch Manager, State Bank Of India, Main Branch Gangapurcity, Near Devistore Choraha, Gangapurcity, District Sawaimadhopur. 7. Kuldeep Meena S/o Narsilal Meena, Aged About 30 Years, R/o Village Bhotai, Tehsil- Bamanwas, District Gangapur City. ----Respondents For Petitioner(s) : Mr. Mohit Balwada, Mr. Aditya Raj For Respondent(s) : Mr. Abhishek Paliwal on behalf of Mr. Dheeraj Tripathi, AGC for respondent No.2 Mr. Arvind Rana for Ms. Minakshi Jain, GC. HON'BLE MR. JUSTICE SUDESH BANSAL Order 24/04/2025 [2025:RJ-JP:17427] (2 of 3) [CW-14590/2023] 1. Although the writ petition is listed in “Orders” Category, however on request of counsel for petitioners and with consent of both the parties, the writ petition itself has been heard on merits and would be decided. 2. Instant writ petition has been preferred by petitioners praying following relief:- “(i) By any appropriate writ order or direction, to expedite the succession proceeding in the learned trial court. (ii) By an appropriate writ order or direction, the respondents may be directed to accept the application form of the petitioner for the grant of compassionate appointment and give an appointment to the petitioner on compassionate grounds under the rules of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996; (iii) Pass any other appropriate order which this Hon’ble court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner. (iv) Cost of the writ petition may kindly be awarded in favour of the petitioner.” 3. Counsel for petitioners pointed out that respondent No.1, alleging herself to be legitimate daughter of deceased-Late Bhudev Meena, filed an application under Section 372 of Indian Succession Act, 1925 on 14.07.2021, making a prayer therein not to release the retiral benefits of deceased-Late Bhudev Meena to petitioners nor to accord compassionate appointment to any of them. 4. It has been pointed out that petitioner No.2 is wedded wife of deceased and petitioners No.1 and 3 are the natural sons of deceased and their names have also been mentioned in the service record of deceased as his family members, as much as department has not questioned the entitlement of petitioners for retiral benefits as also the fact that petitioner No.1-Rohit is also [2025:RJ-JP:17427] (3 of 3) [CW-14590/2023] eligible to get compassionate appointment, in place of his father Late Bhudev Meena. 5. It has further been pointed out that petitioners were compelled to file instant writ petition as a counter-blast to the proceedings, initiated by and on behalf of respondent No.1 under Section 372 of Indian Succession Act, and since she is delaying such proceedings on one or other pretext, petitioners have made a prayer in this petition to expedite such pending proceedings. 6. During the course of hearing the writ petition, counsel for the petitioners press only prayer No.(i), seeking to expedite succession proceeding (Case No.5/2021) filed by the respondent No.1 under Section 372 of Indian Succession Act, 1925, which is presently pending before the Court of Additional District Judge No.1, Gangapur City. 7. In view of submissions of counsel for the petitioners, this Court is not entering into consider the remaining prayers of petitioners made in the writ petition on merits and dispose of the instant writ petition with direction to the concerned Court that the proceedings under Section 372 of Indian Succession Act shall be expedited and endevour be made to decide the same as early as possible, preferably within a period of one year from the date of receipt of copy of this order, if possible. 8. With aforesaid directions, the writ petition stands disposed of. 9. Stay application and any other pending application, if any, also stand disposed of. (SUDESH BANSAL),J TN/43