Dismissed¶35

Dr. Kajod Mal Bhawaria, Son of Shri Hanuman Sahay v. State of Rajasthan

Rajasthan HC16 May 2025CW/7753/2025

Case brief

AI extract

What is this about?

Premature writ petition dismissed for want of cause of action; no final government decision on forming new Gram Panchayat; challenge to District Collector's notice dated 07.04.2025 including village Gomawali in newly proposed Gram Panchayat Trilokpura after exclusion from Gram Panchayat Sihodi; Panchayat Samiti Srimadhopur, District Sikar, Rajasthan; petitioners at liberty to approach appropriate forum if cause of action arises in future; stay application disposed of; single bench of Anoop Kumar Dhand, J.; CW-7753/2025; [2025:RJ-JP:20839].

What did the court decide?

The writ petition is premature: the matter of forming the Gram Panchayat is still under process and no final decision has been taken by the government; accordingly the petition is dismissed. ¶35

Dr. Kajod Mal Bhawaria, Son of Shri Hanuman Sahay Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

¶1

[2025:RJ-JP:20839]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 7753/2025

¶4

Dr. Kajod Mal Bhawaria, Son Of Shri Hanuman Sahay, Aged About 75 Years, Resident Of Village Gomawali, Post Sihodi, Via Thoi, Tehsil Srimadhopur District Sikar, Rajasthan.

¶5

Sita Ram Jat, Son Of Shri Murlidhar Bhawaria, Aged About 62 Years, Village Gomawali, Post Sihodi, Via Thoi, Tehsil Srimadhopur District Sikar, Rajasthan.

¶6

Mohan Lal Bhawaria, Son Of Shri Hanuman Prasad, Aged About 52 Years, Resident Of Village Gomawali, Post Sihodi, Via Thoi, Tehsil Srimadhopur District Sikar, Rajasthan.

¶7

Mohan Debana, Son Of Shri Babu Lal Debana, Aged About 40 Years, Resident Of Village Gomawali, Post Sihodi, Via Thoi, Tehsil Srimadhopur District Sikar, Rajasthan.

¶8

Ratan Lal, Son Of Shri Laxman, Aged About 48 Years, Resident Of Village Gomawali, Post Sihodi, Via Thoi, Tehsil Srimadhopur District Sikar, Rajasthan.

¶9

----Petitioners

¶10

Versus

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State Of Rajasthan, Through Additional Chief Secretary, Rural Development And Panchayati Raj Department, Secretariat, Government Of Rajasthan, Jaipur, Rajasthan.

¶12

The Secretary And Commissioner, Rural Development And Panchayati Raj Department, Secretariat, Government Of Rajasthan, Jaipur, Rajasthan.

¶13

District Collector, Sikar, Rajasthan. 4. Sub-Division Officer, Srimadhopur, District Sikar, Rajasthan.

¶14

----Respondents

¶15

For Petitioner(s)	: Mr. PradeepKalwania
For Respondent(s)	: Mr. Rajendra Prasad AG with
	Ms. Harshita Thakral

¶16

JUSTICE ANOOP KUMAR DHAND

[2025:RJ-JP:20839]

[CW-7753/2025]

(2 of 3)

Order

16/05/2025

The instant writ petition is filed by the petitioner with the

¶23

following prayer(s):-

¶24

“(i) by issue of an appropriate writ, order or direction in the nature thereof, to quash and set aside the action of the respondents by including of the revenue village Gomawali in newly proposed Gram Panchayat Trilokpura by excluding from Gram Panchayat Sihodi, under the Panchayat Samiti Srimadhopur District Sikar and;

¶25

(ii) by issue of an appropriate writ, order or direction in the nature thereof, to quash and set aside the notice dated 07.04.2025 issued by the District Collector whereby they are going to be included the Village Gomawali in newly proposed Gram Panchayat Trilokpura, after excluded from existing Gram Panchayat Sihodi in Sikar district and decide the objections of the petitioners as per the Guidelines issued by the State Government in this regard from time to time and;

¶26

(iii) by issue of an appropriate writ, order or direction in the nature thereof, direct the respondents in not include the Revenue village Gomawali in newly proposed from Gram Panchayat Trilokpura and it be allowed to be included in the original Gram Panchayat Sihodi and not in the newly proposed Gram Panchayat Trilokpura, under the Panchayati Samiti Srimadhopur District Sikar.

¶27

(iv) By issuance of an appropriate writ, order or direction which may deem fit and proper in the facts and circumstances of the case in favour of the petitioners.

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(v) Cost of the writ petition may also be awarded in favour of the petitioners.”

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The petitioners are seeking directions against the respondent to create Gram Panchayat Trilokpura instead of Sihodi in Srimadhopur District Sikar and in the alternative headquarter be fixed at Trilokpura in Sikar District.

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Learned Advocate General opposes the prayer and submits that till date final decision has not been taken so far and the matter is still under process, hence, no cause of action arises to

(3 of 3)

[2025:RJ-JP:20839]

[CW-7753/2025]

the petitioners in the instant writ petition to approach this Court. Learned Advocate General counsel submits that without there being any cause of action, the petitioners have approached this Court and the writ petition is liable to be rejected.

¶35

Considering the above submissions made by learned Advocate General and looking to the fact that the matter is still under process of forming Gram Panchayat at Sihodi in Sikar District as such since no final decision has been taken by the government, this writ is premature and the same is hereby dismissed.

¶36

However, the petitioners would be at liberty to approach the appropriate forum, in case, any cause of action arises in future to them.

¶37

Stay application as well as other pending applications, if any, stand disposed of.

¶38

(ANOOP KUMAR DHAND),J

¶39

ANIL SHARMA /247

Dr. Kajod Mal Bhawaria, Son of Shri Hanuman Sahay v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Kajod Mal Bhawaria, Son of Shri Hanuman Sahay v. State of Rajasthan

Case brief

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What did the court decide?

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