VIDESH SON OF RADHESHYAM v. GRAM PANCHAYAT ODIYA KHEDI
CW/13587/2025 · 2025-09-09
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29662 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29662 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:36247] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13587/2025 Videsh Son Of Radheshyam, Aged About 35 Years, R/o Kaleshwar Mandir Ke Pass, Nayapura Mohalla, Odiyakhedi, Teh. Pidava District Jhalawar, Rajasthan. ----Petitioner Versus Gram Panchayat Odiya Khedi, Teh. Pidava District Jhalawar Through Panchayat Development Officer. ----Respondent For Petitioner(s) : Mr.Kailash Chander Sharma JUSTICE ANOOP KUMAR DHAND
Order 09/09/2025
1. By way of filing this writ petition, a prayer has been made for granting 60 days time to file civil suit before the Civil Court and for the aforesaid period, the respondents be restrained from raising any construction on the subject land and/or allotting the subject land to anyone else.
2.
Learned counsel for the petitioner submits that under Section 109 of the Rajsthan Panchayati Raj Act, 1994 (for short, “the Act of 1994”), there is a mandatory provision of giving prior notice of 60 days before institution of suit, but looking to the urgency of the matter such notice of 60 days cannot be given as interim immediate relief is required to secure the subject property.
3. Heard and considered the submissions made at the Bar and perused the material available on record.
[2025:RJ-JP:36247] (2 of 2) [CW-13587/2025]
4. In the considered opinion of this Court, in case, the petitioner has any urgency, he can submit an application seeking exemption of issuing notice to the Panchayat before the Civil Court and in case, such suit is filed along-with application seeking exemption, it is expected from the Civil Court to decide the same strictly in accordance with law.
5. With the aforesaid observation, the instant writ petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /36