High Court at Jodhpur allowed writ petitions challenging transfers from one Panchayat Samiti to another without Pradhan's consent, quashing the order based on precedents Ikbal Singh and Kishan Saini.
Impugned order dated 13.01.2023 quashed; stay application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:25480]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
(1) S.B. Civil Writ Petition No. 1627/2023
Santosh Kumar Dhanka S/o Shri Nanak Ram Dhanka, Aged About 33 Years, By Caste Dhanka, R/o Village Post Dhoblai, Tehsil Chomu, District Jaipur, Rajasthan.
----Petitioner
Versus
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 1452/2023
Gajendra Singh S/o Shri Gyan Singh, Aged About 55 Years, R/o Gali No. 18, Rampura Basti, Near Rajaram Ki Shop, Lalgarh, District Bikaner, Rajasthan.
----Petitioner
Versus
----Respondents
(3) S.B. Civil Writ Petition No. 1457/2023
Birbal Ram S/o Shri Kishna Ram, Aged About 33 Years, R/o Village Punas, Tehsil Degana, District Nagaur (Raj.).
----Petitioner
Versus
(2 of 3) [CW-1627/2023]
[2023:RJ-JD:25480]
----Respondents
(4) S.B. Civil Writ Petition No. 1465/2023
Naresh Kumar Yadav S/o Shri Ashok Kumar Yadav, Aged About 41 Years, Ward No. 8, Village Post Udairamsar, Bikaner (Raj.).
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. |
Manish Patel |
|---|---|---|
| Mr. | J.S. Bhaleria | |
| For Respondent(s) | : Mr. |
G.S. Chouhan for |
| Mr. | K.K. Bissa |
JUSTICE DINESH MEHTA
Order
11/08/2023
(3 of 3)
[2023:RJ-JD:25480]
[CW-1627/2023]
Petition No.11472/2021 , wherein following the judgment dated 09.09.2021 passed in the case of Kishan Saini Vs. State of Rajasthan & Ors. : S. B. Civil Writ Petition No. 11358/2021 , the order impugned in the said writ petition has been quashed.
(DINESH MEHTA),J
169 to 172-AbhishekS/-
2 issues framed by the court
Whether transfer of panchayat officials without consent of the Pradhan is valid
Whether the impugned order of transfer requiring Pradhan's consent needs to be quashed
Colour shows how this judgement treated each authority
Ikbal Singh Vs. State of Rajasthan & Ors.Followed¶45
Ikbal Singh Vs. State of Rajasthan & Ors. : S. B. Civil Writ Petition No.11472/2021
Kishan Saini Vs. State of Rajasthan & Ors.Followed¶49
Kishan Saini Vs. State of Rajasthan & Ors. : S. B. Civil Writ Petition No. 11358/2021
SANTOSH KUMAR DHANKA
GAJENDRA SINGH
BIRBAL RAM
NARESH KUMAR YADAV
STATE OF RAJASTHAN
CHIEF EXECUTIVE OFFICER, ZILA PARISHAD BIKANER
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
