Dismissed

Babu Lal S/O Shri Chuna Ram Meghwal v. the State of Rajasthan

Rajasthan HC5 Aug 2024CW/13094/2018

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the State Government's order shifting a Gram Panchayat headquarters. The Court held that Section 9(3) of the Rajasthan Panchayati Raj Act, 1994, empowers the State to change the office place via notification, which cannot be challenged in a writ.

What did the court decide?

The writ petition was dismissed as there was no force in the contentions challenging the transfer of the Panchayat headquarters.

Babu Lal S/O Shri Chuna Ram Meghwal Vs the… — Municipal and Town Planning | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 13094/2018

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Babu Lal S/o Shri Chuna Rama Meghwal, aged about 51 years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu(Raj.)

¶4

Gajanand Saini S/o Shri Nathu Ram Saini, Aged About 59 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶5

Shiv Pal Saini S/o Shri Nathu Ram Saini, Aged About 57 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶6

Bholu Ram S/o Shri Govinda Ram, Aged About 64 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶7

Khem Chand S/o Shri Bhagirath Mal, Aged About 72 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶8

Mool Chand S/o Shri Nanda Ram, Aged About 59 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶9

Harphool S/o Shri Mohan Lal, Aged About 62 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶10

Hema Ram S/o Shri Shyoji Ram, Aged About 64 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

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Jagdish S/o Shri Kesharam Jat, Aged About 50 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶12

Shrichand S/o Shri Kaluram Jat, Aged About 60 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶13

Mahesh Kumar S/o Shri Haruram, Aged About 37 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶14

Madan Lal S/o Shri Mohan Lal, Aged About 43 Years, (Ward Panch) R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶15

Mohan Ram S/o Shri Shyoji Ram Jat, Aged About 68 Years, (Ward Panch), R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

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(2 of 4)

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[CW-13094/2018]

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Rajesh Kumar S/o Shri Ramlal Jat, Aged About 50 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶19

Heeraram S/o Shri Bhuraram Saini, Aged About 70 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

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Mahavir Prasad S/o Shri Narsaram Jat, Aged About 58 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

¶21

Banwari Lal S/o Shri Mohan Lal Jat, Aged About 45 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

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Chandgiram S/o Shri Rameshwar Jat, Aged About 53 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

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Ramniwas S/o Shri Lachchuram Jat, Aged About 43 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

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Prahlad S/o Shri Ganpatram Jat, Aged About 63 Years, R/o Village Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

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----Petitioners

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Versus

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The State of Rajasthan through Principal Secretary, Rural Development & Panchayati Raj Department, Rajasthan, Govt. Secretariat, Jaipur(Raj.)

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Dy. Secretary (Law), Rural Development And Panchayati Raj Department, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.)

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Commissioner, Rural Development And Panchayati Raj Department, Jaipur (Raj.)

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The Divisional Commissioner, Jaipur Division, Jaipur (Raj.)

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The District Collector, Jhunjhunu (Raj.)

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Mahendra Singh Son Of Raghunath Singh Saini, Sarpanch, Gram Panchayat Dhewa Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

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----Respondents

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For Petitioner(s)

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: Mr. Sanjay Mehla with Ms. Sunita Mehla

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[CW-13094/2018]

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		(3 of 4) [CW-13094/
For State	:	Mr. Kapil Prakash Mathur, AAG with Ms. Pratyushi Mehta Mr. Ashutosh Udawat Ms. Seema Shekhar Ms. Nikita Gothecha
For Respondent(s)	:	Mr. Mukesh Kumar Sikhwal Mr. Amitabh Jatav Mr. Vinod Kumar Vaishnav

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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05/08/2024

¶41

Petitioners have preferred this writ petition interalia challenging the impugned order dated 04.04.2018 whereby Headquarter of Gram Panchayat is being shifted from Dhewa Ki Dhani to Village Girdharpura, Shahpura.

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It is contended by counsel for the petitioners that all the facilities were available in Dhewa Ki Dhani and there was no justification for shifting the Headquarter of Gram Panchayat from Dhewa Ki Dhani to Village Girdharpura, Shahpura. It is also contended that objections were invited and the committee submitted its report stating that there was no fruitful purpose in shifting the Headquarter of Gram Panchayat from Dhewa Ki Dhani to Village Girdharpura, Shahpura.

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Learned AAG and counsel for the respondents have opposed the writ petition. It is contended that as per Sub-section 3 of Section 9 of The Rajasthan Panchayati Raj Act, 1994, the State Government may, at any time, after one month's notice published in the prescribed manner either on its own motion or at the request of the Panchayat or of the residents of the Panchayat Circle, and by notification in the Official Gazette, change the name

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(4 of 4) [CW-13094/2018]

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or place of office of any Panchayat. It is argued that the State is empowered to change the place of Office of Gram Panchayat and the same cannot be made subject matter of a writ or public interest litigation.

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We have considered the contentions.

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Sub-section 3 of Section 9 of The Rajasthan Panchayati Raj Act, 1994, authorizes the State Government to change the name or place of Office of the Gram Panchayat after one month's notice published in the prescribed manner and by notification in the Official Gazette, hence, we are of the considered view that High Court in a writ petition or in Public Interest Litigation cannot sit over the orders passed by the Government in accordance with the provisions of the Act.

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Consequently, we do find any force in the present writ petition and the same is accordingly, dismissed.

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(PRAVEER BHATNAGAR),J

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(PANKAJ BHANDARI),J

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HEENA/04

Babu Lal S/O Shri Chuna Ram Meghwal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Babu Lal S/O Shri Chuna Ram Meghwal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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