ANCHI DEVI D/O SHRI LAKSHMINARAYAN AND W/O RAMSWAROOP MEENA v. PRAHLAD SINGH S/O NARAYAN SINGH (DECEASED)
CW/15433/2023 · 2025-08-01
Vinod Kumar Bharwani
body2025
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[ 2025 DAILYLAW 30055 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 30055 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:29471] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15433/2023 Anchi Devi D/o Shri Lakshminarayan And W/o Ramswaroop Meena, Aged About 48 Years, R/o Village Masta, Tehsil Phagi, District Jaipur, Presently Residing At Dabich, Tehsil Phagi, District Jaipur ----Petitioner Versus
1. Prahlad Singh S/o Narayan Singh (Deceased), Through His Legal Representatives-
2. Prabhu S/o Narayan (Deceased), Through His Legal Representative-
3. Chauthu S/o Narayan (Deceased), Through His Legal Representatives-
4. Bodu S/o Sonya, R/o Village Dabich, Tehsil Madhorajpura, District Jaipur
5. Moolchand S/o Radheyshyam (Deceased), Through His Legal Representatives-
6. Bhagwan Singh S/o Late Shri Prahlad Singh, Aged About 62 Years, Resident Of Village Dabich, Tehsil Madhorajpura District Jaipur, Rajasthan (Police Station-Madhorajpura)
7. Sayar Singh S/o Late Shri Prahlad Singh, Aged About 58 Years, Resident Of Village Dabich, Tehsil Madhorajpura District Jaipur, Rajasthan (Police Station-Madhorajpura)
8. Hanuman Singh S/o Late Shri Prahlad Singh, Aged About 56 Years, Resident Of Village Dabich, Tehsil Madhorajpura District Jaipur, Rajasthan (Police Station-Madhorajpura)
9. Laxman Singh S/o Late Shri Prahlad Singh, Aged About 54 Years, Resident Of Village Dabich, Tehsil Madhorajpura District Jaipur, Rajasthan (Police Station-Madhorajpura)
10. Bhojraj Singh S/o Late Shri Prahlad Singh, Aged About 52 Years, Resident Of Village Dabich, Tehsil Madhorajpura District Jaipur, Rajasthan (Police Station-Madhorajpura)
11. Chain Kanwar D/o Late Shri Prahlad Singh, Aged About 50 Years, Resident Of Village Dabich, Tehsil Madhorajpura District Jaipur, Rajasthan (Police Station-Madhorajpura)
12. Maina Kanwar D/o Late Shri Prahlad Singh, Aged About 48 Years, Resident Of Village Dabich, Tehsil Madhorajpura District Jaipur, Rajasthan (Police Station-Madhorajpura)
13. Kiran Kanwar D/o Late Shri Prahlad Singh, Aged About 46 Years, Resident Of Village Dabich, Tehsil Madhorajpura District Jaipur, Rajasthan (Police Station-Madhorajpura)
14. Durga Kanwar W/o Late Shri Prahlad Singh (Deceased), Resident Of Village Dabich, Tehsil Madhorajpura District Jaipur, Rajasthan (Police Station-Madhorajpura)
15. Bhagauti W/o Late Shri Prabhu, Resident Of Village Dabich, Tehsil Madhorajpura, District Jaipur, Rajasthan
[2025:RJ-JP:29471] (2 of 3) [CW-15433/2023]
16. Radheyshyam S/o Late Shri Prabhu, Resident Of Village Dabich, Tehsil Madhorajpura, District Jaipur, Rajasthan
17. Mukesh S/o Late Shri Prabhu, Resident Of Village Dabich, Tehsil Madhorajpura, District Jaipur, Rajasthan
18. Sumitra D/o Late Shri Prabhu, Resident Of Village Dabich, Tehsil Madhorajpura, District Jaipur, Rajasthan
19. Ramrai S/o Late Shri Prabhu, Resident Of Village Dabich, Tehsil Madhorajpura, District Jaipur, Rajasthan
20. Manbhar W/o Late Shri Chauthu, R/o Village Dabich, Tehsil Madhorajpura, Jaipur
21.
Kavita D/o Late Shri Chauthu And W/o Omprakash, R/o Bhaudipura, Tehsil Chaksu
22. Sohan S/o Late Shri Moolchand, Resident Of Village Dabich, Tehsil Madhorajpura, District Jaipur, Rajasthan
23. Mohan S/o Late Shri Moolchand, Resident Of Village Dabich, Tehsil Madhorajpura, District Jaipur, Rajasthan
24. Samta D/o Late Shri Moolchand, Resident Of Village Dabich, Tehsil Madhorajpura, District Jaipur, Rajasthan
25. Kavita D/o Late Shri Moolchand, Resident Of Village Dabich, Tehsil Madhorajpura, District Jaipur, Rajasthan ----Respondents For Petitioner(s) : Mr. Pradeep Kumar For Respondent(s) : Mr. L.L. Gupta Mr. Tanmey Mathur with Ms. Pratibha HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 01 /08/2025
1. The present civil writ petition has been filed on behalf of the petitioner under Article 227 of the Constitution of India against the
order dated 07.08.2023, passed by the Court of learned District & Sessions Judge, Jaipur District, Jaipur, in Transfer Application No. 14/2023, whereby Civil Suit No.61/2023 (62/2013) titled as Prahlad Singh v. Anchi Devi & Ors., pending before the Court of Additional Chief Judicial Magistrate, Phagi, District Jaipur, was
[2025:RJ-JP:29471] (3 of 3) [CW-15433/2023] transferred to the Court of Additional Chief Judicial Magistrate, Dudu, District Jaipur.
2.
Learned counsel for the petitioner submits that the impugned
order dated 07.08.2023 does not contain any reasons justifying the transfer and is, therefore, liable to be quashed & set aside.
3.
Learned counsel for the respondents submits that the Presiding Officer of the Court at Phagi has been transferred.
4. Upon perusal of the impugned order dt.07.08.2023, this Court finds that no reasons have been assigned by the learned District Judge while allowing the transfer application. The order being non-speaking in nature, is not sustainable in the eyes of law.
5. Accordingly, the instant civil writ petition is allowed. The impugned order dated 07.08.2023 passed in Transfer Application No.14/2023, is quashed & set aside. The proceedings of Civil Suit No.61/2023 (62/2013) shall continue before the Court of Additional Chief Judicial Magistrate, Phagi, District Jaipur.
6. Pending application(s), if any, also stands disposed of.
(VINOD KUMAR BHARWANI),J SAHIL SONI /62