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2025 DAILYLAW 33564 (RAJ)

MANISH MEENA SON OF SHRI GOVIND RAM MEENA v. THE STATE OF RAJASTHAN

CW/17943/2024 · 2025-02-18

Anoop Kumar Dhand

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[2025:RJ-JP:7119] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17943/2024 Manish Meena Son Of Shri Govind Ram Meena, Aged About 36 Years, Resident Of Village Shekhpura, Tehsil Todabhim, District Gangapur City, The Then Junior Engineer Panchayat Samiti Todabhim, District Gangapur City, Rajasthan At Present Posted As Assistan Engineer Jaisalmer (Rajasthan). ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary, Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan 2. Deputy District Collector, Todabhim, District Gangapur City, Rajasthan. 3. Development Officer, Panchayat Samiti Todabhim District- Gangapur City, Rajasthan. ----Respondents Connected With S.B. Civil Writ Petition No. 18091/2024 Smt. Uganti Bairwa Wife Of Manohar Lal Bairwa, Aged About 47 Years, Resident Of Bairwa Mohalla Samaspur, District Dausa, The Then Village Development Officer, Gram Panchayat Bhajeda, At Present Posted As Junior Assistant, Gram Panchayat Bhajeda, Panchayat Samiti Todabhim, District Gangapur City, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary, Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. Deputy District Collector, Todabhim, District Gangapur City, Rajasthan. 3. Development Officer, Panchayat Samiti Todabhim, District- Gangapur City, Rajasthan. ----Respondents For Petitioner(s) : Mr.Amit Singh Shekhawat For Respondent(s) : Mr.Aditya Sharma for Mr.Kesar Singh Shekhawat, Addl.GC. [2025:RJ-JP:7119] (2 of 3) [CW-17943/2024] JUSTICE ANOOP KUMAR DHAND Order 18/02/2025 1. Learned counsel for the petitioners submits that the similar recovery order was passed against three persons including the petitioners and one Smt.Lekha Sharma. Counsel submits that the similarly situated person, namely, Smt.Lekha Sharma approached this Court by way of filing S.B. Civil Writ Petition No.18090/2024 titled as Smt. Lekha Sharma Vs. The State of Rajasthan & Ors. and her petition was disposed of by this Court vide order dated 11.02.2025 and the impugned recovery notice was quashed and set aside granting liberty to the respondents to initiate the fresh recovery process against her in accordance with law, after following the principles of natural justice. 2. Counsel submits that the case of the petitioners is at par with the case of Smt.Lekha Sharma (supra), so the similar orders be passed in the present case as well. 3. Per contra, learned counsel for the respondent-State opposed the arguments raised by the counsel for the petitioners, but he is not in a position to controvert the submissions made by the counsel for the petitioners. 4. Considering the arguments put forward by the learned counsel for the petitioners and looking to the fact that the same recovery orders were passed against three persons including the petitioners and Smt.Lekha Sharma and in the case of Smt.Lekha Sharma (supra), the said recovery order has been set-aside as withdrawn and a direction has been issued to the respondents to [2025:RJ-JP:7119] (3 of 3) [CW-17943/2024] initiate fresh recovery process, in accordance with law, after following the principles of natural justice. The impugned order stands quashed and set-aside with liberty to the respondents to initiate fresh recovery process, in accordance with law, after following the principles of natural justice, after providing opportunity of hearing to the petitioners. 5. In view of the above, the instant writ petitions stand disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /220-221