Rajasthan High Court - Jodhpur
Santosh Kumar Dhanka vs The State Of Rajasthan ... on 11 August, 2023
Bench: Dinesh Mehta
[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
1. The State Of Rajasthan, Through Its Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Chief Executive Officer, Zila Parishad Bikaner , District
Bikaner, Rajasthan.
3. The Block Development Officer, Panchayat Samiti Kolayat
District Bikaner, Rajasthan.
----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
1. The State Of Rajasthan, Through Its Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Chief Executive Officer, Zila Parishad Bikaner District
Bikaner, Rajasthan.
3. The Block Development Officer, Panchayat Samiti Bajju
Khalsa, District Bikaner, Rajasthan.
----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
1. State Of Rajasthan, Through The Secretary, Department
Of Rural Development And Panchayati Raj, Secretariat,
Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad Bikaner District
Bikaner.
3. The Vikas Adhikari, Panchayat Samiti Panchu, District
Bikaner.
4. The Vikas Adhikari, Panchayat Samiti Dungargarh, District
Bikaner.
[2023:RJ-JD:25480] (2 of 3) [CW-1627/2023]
----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
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Rural Development And Panchayati Raj,
Secretariat, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad Bikaner District
Bikaner.
3. The Vikas Adhikari Panchayat Samiti Bikaner, District
Bikaner.
4. The Vikas Adhikari Panchayat Samiti, Bajju Khalsa,
District Bikaner.
----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
1. By way of present petitions, the petitioners have challenged
the order dated 13.01.2023 passed by the Chief Executive Officer,
Zila Parishad, Bikaner, whereby the petitioners have been
transferred from one Panchayat Samiti to another Panchayat
Samiti without the consent of the Pradhan of the concerned
Panchayat Samiti.
2. Learned counsel for the petitioners argued that the issue
involved in present case has already been decided by this Court
vide judgment dated 29.05.2023 passed in the case of Ikbal
Singh Vs. State of Rajasthan & Ors. : S. B. Civil Writ
[2023:RJ-JD:25480] (3 of 3) [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.
3. Following the reasoning given in the judgment passed in the
cases of Ikbal Singh (supra) and Kishan Saini (supra), the present
writ petitions are also allowed, as the consent of Pradhan of the
concerned Panchayat Samiti was not obtained.
4. The impugned order dated 13.01.2023 passed by the Chief
Executive Officer, Zila Parishad, Bikaner qua the petitioners is
hereby quashed.
5. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
169 to 172-AbhishekS/-
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