State Of Rajasthan vs Sarla Devi W/O Late Shri Ramgopal ...
2023 Latest Caselaw 3550 Raj/2

[2023:RJ-JP:17875-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  D.B. Special Appeal Writ No. 343/2021

1.       State     Of   Rajasthan,          Through        Its      Secretary,   Rural
         Development And Panchayati Raj Department, Govt. Of
         Rajasthan, Govt. Secretariat, Jaipur.
2.       District Collector, Jhalawar, District Jhalawar
3.       District Collector, Alwar, District Alwar.
4.       Chief Executive Officer, Zila Parishad Jhalawar.
5.       Chief Executive Officer, Zila Parishad, Alwar.
6.       Development Officer, Panchayat Samiti Bakani, District
         Jhalawar.
7.       Development Officer, Panchayat Samiti Ramgarh, District
         Alwar.
                                                                       ----Appellants
                                       Versus
1.       Sarla Devi W/o Late Shri Ramgopal, Aged About 45 Years,
         R/o Village And Post Opposite Panchayat Samiti, Near
         Nejri Office, Ramgarh, Tehsil Ramgarh, District Alwar,
         Rajasthan.
2.       Satish Kumar Namdev S/o Shri Mohan Lal Ji, Aged About
         31 Years, R/o Jyoti Nagar Colony, Trepla Road, Bakani,
         Tehsil Jhalrapatan, District Jhalawar, Rajasthan.
                                                                     ----Respondents

For Appellant(s) : Mr. S. S. Raghav, AAG For Respondent(s) : Mr. Sandesh Khandelwal

HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE SAMEER JAIN

Order

16/08/2023

1. Despite service, none has put in appearance on behalf of

respondent No. 2.

[2023:RJ-JP:17875-DB] (2 of 2) [SAW-343/2021]

2. Challenge in this appeal is to the judgment/order passed by

learned Single Judge dated 30.01.2018, whereby the writ petition

was decided without issuing notices to the appellants. Perusal of

the said order would indicate so.

3. Counsel for the respondent No. 1 could not dispute the said

fact.

4. An order which is passed without issuing notices to the

respondent-State and granting relief against the State cannot be

sustained as it would be against basic principles of natural justice.

We therefore, set aside the order passed by the learned Single

Judge dated 30.01.2018 passed in SBCWP No. 2077/2018 and

remand the case back to the learned Single Judge for fresh

decision after hearing the parties and giving an opportunity of

hearing to respondents in the writ petition filed by the appellants.

5. Parties are directed to appear before the learned Single

Judge on 13.09.2023.

6. In the meanwhile, reply be filed in the writ petition.

7. Registrar (Judicial) is directed to do the needful.

8. In light of the above, present appeal is dismissed.

(SAMEER JAIN),J (AUGUSTINE GEORGE MASIH),CJ

Anil Sharma/ Pooja /67

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