Fateh Chand Mahatma S/O Shri Devi Chand Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Fateh Chand Mahatma S/O Shri Devi Chand Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued to the Revisional Authority to decide the petitioner's pending revision petition expeditiously, preferably within a period of two months from the date of receipt of the certified copy of the order, strictly in accordance with law, after providing due opportunity of hearing to all respective parties; the stay application and all pending applications stand disposed of.

Issue for consideration

Whether the Court should issue a direction to the Revisional Authority to decide the petitioner's pending revision petition expeditiously within a time frame.

Court's answer

Considering that the petitioner's revision petition filed before the State Revisional Authority in November 2022 remained undecided and the petitioner's tenure as Sarpanch was nearing expiry, this Court deemed it just and proper to dispose of the present writ petition by issuing a direction to the revisional authority to decide the revision petition expeditiously.

Ratio / Principle

The revision petition is directed to be decided preferably within a period of two months from the date of receipt of the certified copy of this order, strictly in accordance with law, after providing due opportunity of hearing to all the respective parties.

Detailed headnote1 paragraphs

S.B. Civil Writ Petition No. 19222/2024, High Court of Judicature for Rajasthan, Jaipur Bench (Justice Anoop Kumar Dhand, order dated 21/04/2025): Fateh Chand Mahatma, aged about 83 years, ex-Sarpanch of Gram Panchayat Deoliakalan, Panchayat Samiti Bhinai, District Ajmer, had been declared ineligible by an order dated 08.12.2021 to hold the post of Sarpanch for a period of five years. He sought relief through a revision petition preferred before the State on 18.11.2022, which remained undecided on merits despite considerable time, while his tenure was nearing expiry. On a limited prayer for a time-bound decision, the Court disposed of the writ petition by directing the Revisional Authority to decide the pending revision petition expeditiously, preferably within two months from receipt of the certified copy of the order, strictly in accordance with law, after providing due opportunity of hearing to all respective parties. The stay application and all pending applications also stand disposed of. No statutes or precedent cases were cited in the order.

[2025:RJ-JP:16635]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 19222/2024

Fateh Chand Mahatma S/o Shri Devi Chand, aged about 83 Years, Resident Of Deoliakalan, District Ajmer Ex-Sarpanch Gram Panchayat Deoliakalan Panchayat Samiti Bhinai, District Ajmer.

----Petitioner

Versus

The State of Rajasthan, Through Additional Chief Secretary, Department of Panchayatiraj And Rural Development, Secretariat, Jaipur.

The Divisional Commissioner, Ajmer. 3. The Chief Executive Officer, Zila Parishad, Ajmer.

----Respondents

For Petitioner(s) : Mr. Ashish Saxena through VC For Respondent(s) :

JUSTICE ANOOP KUMAR DHAND

Order

21/04/2025

A Limited prayer has been made by the counsel for the petitioner for issuing a direction to the Revisional Authority to decide the pending revision petition expeditiously within a time frame.

Counsel for the petitioner submits that by passing the impugned order dated 08.12.2021, the petitioner has been declared as ineligible to hold the post of Sarpanch, Gram Panchayat Deoliakalan, Panchayat Samiti Bhinai, District Ajmer for a period of five years. Counsel for the petitioner submits that aggrieved by the aforesaid order, a revision petition has been preferred by the petitioner before the State on 18.11.2022 but

[2025:RJ-JP:16635]

[CW-19222/2024]

(2 of 2)

inspite of passing of considerable time, till date, the said revision petition has not been decided on its merit by the revisional authority by passing a reasoned and speaking order. Counsel submits that the tenure of the petitioner is going to expire soon, therefore in the interest of justice, appropriate direction be issued to the revisional authority to decide the revision petition expeditiously.

Heard and considered the submissions made at Bar and perused the material available on record. 4. Considering the arguments put-forward by counsel for the petitioner and looking to the fact that the validity of the impugned order dated 08.12.2021 has been assailed by the petitioner by way of filing a revision petition before the State Revisional Authority in the month of November, 2022 but inspite of passing of considerable time, till date, the said petition has not been decided and also looking to the fact that the term of the petitioner on the post of Sarpanch is going to expire soon, hence in the fitness of the facts and circumstances of the case, this Court deems it just and proper to dispose of the present writ petition by issuing a direction to the revisional authority to decide the revision petition expeditiously, preferably within a period of two months from the date of receipt of the certified copy of this order, strictly in accordance with law, after providing due opportunity of hearing to all the respective parties.

Stay application and all pending application(s), if any, also stand disposed of.

(ANOOP KUMAR DHAND),J

Ashu/5