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2026 DAILYLAW 6459 (RAJ)

RAJMAL MEHTA S/O SHRI THAKURLAL v. STATE OF RAJASTHAN

CW/4539/2026 · 2026-03-13

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:10717] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S. B. Civil Writ Petition No. 4539/2026 Rajmal Mehta S/o Shri Thakurlal, Aged 31 years, Resident of Thikwani, District Baran, Rajasthan. Senior Agriculture Supervisor Headquarter Thikwani, Office of Assistant Director, Agriculture (Extension), Baran, District Baran, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, through its Commissioner, Agriculture, Agriculture Commissionerate, Jaipur. 2. Additional Director, Agriculture (Extension), Kota Division, Kota. 3. Assistant Director, Agriculture (Extension), Baran, District Baran, Rajasthan. 4. Office Of R.M.O., Maharao Bhimsingh Hospital, Kota, Rajasthan Through Superintendent 5. Superintendent, S.M.S. Hospital, Jaipur. ----Respondents For Petitioner : Mr. Sudhir Gupta Advocate & Mr. Parth Gupta Advocate. HON'BLE MR. JUSTICE ANAND SHARMA Order 13/03/2026 1. Petitioner has filed this writ petition feeling aggrieved by show cause notice dated 26.02.2026 issued by Assistant Director, Agriculture (Extension), Baran, whereby, after apprising the petitioner that during re-examination of physical disability of the petitioner, Medical Board has certified that the petitioner is suffering from 30% disability only which is lesser than the benchmark disability and accordingly, the petitioner was required to submit his explanation. [2026:RJ-JP:10717] (2 of 2) [CW-4539/2026] 2. On a pertinent query by the Court, learned counsel for the petitioner has submitted that no reply to show cause notice dated 26.02.2026 has been filed by the petitioner. 3. It is settled proposition of law that writ petition under Article 226 of the Constitution of India is not maintainable against show cause notice and more particularly, when the competent authority is yet to apply its mind over the fate of show cause notice. 4. Under these circumstance, there is no reason for this Court to interfere with show cause notice dated 26.02.02026 at this stage. However, writ petition is disposed of with liberty to the petitioner to submit reply/representation to show cause notice dated 26.02.2026 within a period of 07 days from today along with certified copy of this order and in case, reply/representation is filed by the petitioner within stipulated period, the respondents shall consider the same and pass speaking order within a period of 15 days thereafter. It is made clear that no adverse action shall be taken against the petitioner without considering his reply/ representation against show cause notice dated 26.02.2026. It is also made clear that in case, the petitioner fails to submit reply/representation against show cause notice dated 26.02.2026 within the stipulated period, the respondents shall be at liberty to proceed further in accordance with law. 5. It is further made clear that this Court has not commented upon merit of the case. 6. Pending applications, if any, stand disposed of. (ANAND SHARMA),J MANOJ NARWANI /22