RAMDEV S/O LATE SH. JAGDISH SHARMA v. STATE OF RAJASTHAN
CW/13186/2025 · 2025-09-08
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44095 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44095 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13186/2025 Ramdev S/o Late Sh. Jagdish Sharma, Aged About 65 Years, R/o V.p.- Sitarampura, Teh.- Malpura, Dist.- Tonk (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Its Secretary, Rural Development And Panchayati Raj Department, Secretariat, Jaipur (Raj.)
2. Jila Parishad Tonk, Through Chief Executive Officer, Tonk (Raj.)
3. Development Officer, Panchayat Samiti Malpura, Dist.- Tonk (Raj.) ----Respondents For Petitioner(s) : Mr. Atul Sharma For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order 08/09/2025
1. The instant writ petition has been filed by the petitioner with the following prayer:
“1. The Hon’ble Court be pleased to quash and set aside the impugned order dated 3.03.2023 issued by respondent No.2.
2. The respondents be further directed not to construct any road over the land of the petitioner in the garb of the development.
3. Any other appropriate order(s) or direction(s) which the Hon’ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the humble appellant including award of cost of this appeal.”
2. By way of filing this writ petition a challenge has been led to the impugned order dated 03.03.2023 passed by the Zila
(2 of 2) [CW-13186/2025] Parishad, Tonk, by which a decision has been taken to construct a road upon the field of the petitioner.
3.
Learned counsel for the petitioner submits that without acquiring the land of the petitioner such decision cannot be taken. Counsel submits that the aforesaid decision has been taken by the respondents to give benefit to private person, hence, interference of this Court is warranted.
4. Heard and considered the submissions made at the Bar and perused the material available on the record.
5. By way of filing this writ petition, the petitioner is seeking a writ of mandamus without issuing a notice for demand of justice to the respondents. In the considered opinion of this Court, in absence thereof, the writ petition under Article 226 of the Constitution of India is not maintainable.
6. Hence, on this count alone, the writ petition stands
disposed of granting liberty to the petitioner to issue a notice for demand of justice to the respondents.
7. In case, a notice for demand of justice is sent by the petitioner within a period of one week from today, it is expected from the authority concerned to decide the same strictly in accordance with law, expeditiously, as early as possible, preferably within a period of three weeks thereafter.
8. With the aforesaid observations/directions, the instant writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of.
(ANOOP KUMAR DHAND),J KuD/10