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2025 DAILYLAW 4031 (RAJ)

GILASI MEENA W/O SHRI GAJENDRA MEENA v. STATE OF RAJASTHAN

CW/2357/2025 · 2025-04-08

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:15599] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2357/2025 Gilasi Meena W/o Shri Gajendra Meena, Aged About 48 Years, R/o Village Langdapura Post Kashipura, Tehsil And District Ka- rauli. ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Rural Development And Panchayati Raj Department, Govern- ment Of Rajasthan, Secretariat, Jaipur. 2. Chief Executive Officer, Zila Parishad, Karauli. 3. Development Officer, 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 (Annexure 4) passed by the respondents by which an order has been passed for recovering certain amount from the petitioner. 2. Counsel for the petitioner submits that the petitioner was the Sarpanch of Gram Panchayat, Kashipura in the year 2015-2016 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 order has been passed against the peti- tioner without issuing any notice or without affording any oppor- tunity of hearing to her. Counsel submits that the aforesaid order [2025:RJ-JP:15599] (2 of 2) [CW-2357/2025] has been passed without having the evidence of the petitioner, hence the order passed by the respondents has resulted in viola- tion of the principles of natural justice. 3. Heard and considered the submissions made at Bar and per- used the material available on record. 4. Perusal of the impugned order dated 20.11.2024 (Annexure 4) indicates that the petitioner has been called upon to deposit certain amount, without issuing any notice or without affording any opportunity of hearing to her and straightaway 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 re- quired to be given, which has not been given in the instant case. 6. In view of the above, the present writ petition stands dis- posed of by issuing a direction to the respondents to pass fresh orders after providing an opportunity of hearing to the petitioner 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/16