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2025 DAILYLAW 47549 (RAJ)

PREMDAYAL MAHARWAL S/O SHRI NAND KISHORE MAHARWAL v. STATE OF RAJASTHAN

CW/20042/2025 · 2025-12-17

Anuroop Singhi

body2025

Judgment text

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[2025:RJ-JP:51049] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20042/2025 1. Premdayal Maharwal S/o Shri Nand Kishore Maharwal, Aged About 49 Years, Resident Of Village Andhi Tehsil Jamvaramgarh District Jaipur. 2. Deendayal Gupta S/o Shri Nand Kishore Maharwal, Aged About 46 Years, Resident Of Village Andhi Tehsil Jamvaramgarh District Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Its Principal Secretary, Department Of Panchayati Raj, Govt. Secretariat, Jaipur 2. The District Collector, Jaipur. 3. The Tehsildar, Jamvaramgarh District Jaipur. 4. The Sub Divisional Officer, Jamvaramgarh District Jaipur. 5. The Administrator, Gram Panchayat Andhi Panchayat Samiti Andhi District Jaipur. 6. The Block Development Officer, Gram Panchayat Andhi Panchayat Samiti Andhi District Jaipur. ----Respondents For Petitioner(s) : Mr. Govind Gupta For Respondent(s) : HON'BLE MR. JUSTICE ANUROOP SINGHI Order 17/12/2025 Learned counsel for the petitioner has limited his submissions to the extent that the respondents are adopting a dual approach, as on one hand they are sitting over the reply/representations dated 01.12.2025 (Annexure-4 to Annexure-6), submitted by the petitioner in response to the [2025:RJ-JP:51049] (2 of 2) [CW-20042/2025] notice by the respondents dated 28.11.2025, and on the other hand, a public notice dated 09.12.2025 has been issued. Learned counsel submits that respondent No.5 be directed to decide the reply/representation submitted by the petitioner, and only after granting the opportunity of hearing and passing a speaking order thereon, any action be taken by it. The said limited prayer deserves to be accepted as no action can be taken against the petitioner without following principles of natural justice, more so, when the reply/representations submitted by them is pending. Accordingly, the present writ petition is disposed of by directing the respondent No.5 to decide the reply/representations dated 01.12.2025 (Annexure-4 to Annexure-6) submitted by the petitioners, after granting an opportunity of hearing and by passing a speaking order thereafter, and any action in pursuance to the notice dated 28.11.2025 and/or public notice dated 09.12.2025 is taken only after the said decision is taken. With these directions, the writ petition is disposed of. However, it is observed that the directions issued herein do not direct the manner in which the representation is to be so decided and the same be done strictly in accordance with law. (ANUROOP SINGHI),J JAYANT KUMAR /96