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2025 DAILYLAW 5374 (RAJ)

ANITA W/O LUCKY MEHTA D/O DHARMBIR v. STATE OF RAJASTHAN

CW/2968/2025 · 2025-09-01

Sameer Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:35093] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2968/2025 Anita W/o Lucky Mehta D/o Dharmbir, Aged About 27 Years, R/o Village Anatpura, Tehsil Behror, District Kotputli- Behror (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Social Justice And Empowerment Department, Secretariat, Jaipur. 2. District Collector, Kotputli- Behror, Rajasthan. 3. Sub Divisional Magistrate, Behror, District Kotputli- Behror, Rajasthan. 4. Tehsildar, Behror, District Kotputli- Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. Kiran Yadav with Mr. Sudhir Yadav For Respondent(s) : Mr. Ashutosh Udawat for Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 01/09/2025 Learned counsel for the petitioner while placing reliance upon the judgment passed by this Court in SBCWP No. 12683/2025 titled as Tanisha Vs. State of Raj. on 25.08.2025, has submitted that instant matter has akin factual matrix and legal issues as that in above-cited. Therefore, it is submitted that instant matter be decided in light of the Tanisha (supra). Learned counsel for the respondent No. 1 has raised no objection to the contentions made by learned counsel for the petitioner. [2025:RJ-JP:35093] (2 of 2) [CW-2968/2025] Considering the forgoing facts and circumstances of the case and submissions made by learned counsel for the parties, this Court deems it apposite to decide the present matter in light of Tanisha (supra). The relevant portion of the same is reiterated herein below:- "In light of the above, on the same ratio as reproduced below being made applicable, the petitions are disposed of. The relevant portion of the order dated 07.07.2025 is reproduced as below: "In view of above, this writ petition is also disposed of in light of the order passed in the case of Sunita Kumari (supra). The petitioner is directed to make an application before the concerned Sub Divisional Magistrate, who shall carry out the necessary enquiry as required under the law and if petitioner is found entitled for EWS certificate, same may be issued through offline/online mode within a period of one month from the date of receipt of the application. The Competent Authority is required to look into the entitlement of the candidate for the purpose of issuing certificate in EWS category and this certificate is not in relation to any caste or category. This Court also makes it clear that the observations of this Court in respect of grant of EWS certificate, will not have any bearing on entitlement of the petitioner to get benefit except that issuance of certificate will be in pursuance of circular issued by the State Government." Pending applications, if any, shall stand disposed of." Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J Pooja /214