CHAIN BAI MEENA W/O SHRI SHRIFOOL MEENA v. STATE OF RAJASTHAN
CW/2267/2025 · 2025-04-08
Anoop Kumar Dhand
body2025
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[ 2025 DAILYLAW 4017 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4017 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:15598] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2267/2025
1. Chain Bai Meena W/o Shri Shrifool Meena, aged about 62 Years, R/o Village and Post Raghuvanshi, Tehsil and District Karauli.
2. Paro Devi W/o Shri Hari Charan Meena, aged about 58 Years, R/O Village and Post Deep Pura, Tehsil And District Karauli. ----Petitioners Versus
1. State of Rajasthan, Through Its Principal Secretary, Rural Development and Panchayati Raj Department, Government of Rajasthan, Secretariat, Jaipur.
2. Chief Executive Officer, Zila Parishad, Karauli.
3. Development Offficer, Panchayat Samiti, Karauli, District Karauli. ----Respondents For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order 08/04/2025
1. By way of filing this writ petition, a challenge has been led to the impugned order dated 20.11.2024 (Annexures 5 & 6) passed by the respondents by which an order has been passed for recovering certain amount from the petitioners.
2. Counsel for the petitioners submits that the petitioners were the Sarpanch of Gram Panchayat Raghuvanshi and Manchi, Karauli in the year 2010-2015 and during that tenure, certain construction works were done by the Panchayat. Counsel submits that after a lapse of more than 9-10 years, the recovery orders have been
[2025:RJ-JP:15598] (2 of 2) [CW-2267/2025] passed against the petitioners without issuing any notice or without affording any opportunity of hearing to them. Counsel submits that the aforesaid orders have been passed without having the evidence of the petitioners, hence the orders passed by the respondents have resulted in violation of the principles of natural justice.
3. Heard and considered the submissions made at Bar and perused the material available on record.
4. Perusal of the impugned order dated 20.11.2024 (Annexures 5 & 6) indicates that the petitioners have been called upon to deposit certain amount, without issuing any notice to the petitioners or without affording any opportunity of hearing to them and straightway the said order has been passed.
5. In the considered opinion of this Court, before passing any adverse order against a person, an opportunity of hearing is required to be given, which has not been given in the instant case.
6. In view of the above, the present writ petition stands
disposed of by issuing a direction to the respondents to pass fresh orders after providing an opportunity of hearing to the petitioners within a period of three months from the date of receipt of the certified copy of this order.
7. Stay application and all pending application(s), if any, also stand disposed of.
8. Till three months, the effect of the impugned order shall be kept in abeyance.
(ANOOP KUMAR DHAND),J Ashu/8