Hemant Paliwal vs State Of Rajasthan ...
2023 Latest Caselaw 5869 Raj

[2023:RJ-JD:25626]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8670/2021

Hemant Paliwal S/o Late Shri Jagdish Chandra Paliwal, Aged About 44 Years, R/o Rishabh Nagar, Sector 14, District Udaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department (Panchayati Raj), Secretariat, Government Of Rajasthan, Jaipur, Rajasthan.

2. Chief Executive Officer, Zila Parishad Udaipur, District Udaipur, Rajasthan.

3. Development Officer, Panchayat Samiti Badgaanv, District Udaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Prakash Raika for Mr. Mukesh Rajpurohit For Respondent(s) : Mr. Manish Tak

JUSTICE DINESH MEHTA

Order

14/08/2023

1. Learned counsel for the petitioner submitted that the issue

involved in the present case is squarely covered by the judgment

dated 20.01.2020 rendered by this Court in the case of Chandra

Kanta vs. State of Rajasthan & Anr. : S.B. Civil Writ Petition No.

14638/2019.

2. On perusal of the impugned orders, this Court finds that the

petitioner has been transferred from Badgaanv to Bhinder, which

places fell in different assemblies/constituencies.

[2023:RJ-JD:25626] (2 of 2) [CW-8670/2021]

3. In view of the aforesaid and following the ratio laid down by

this Court vide judgment dated 20.01.2020 passed in the case of

Chandra Kanta (supra), the impugned order dated 22.06.2021 qua

the petitioner is hereby quashed.

4. The writ petition is, hereby, allowed.

5. Stay application stands disposed of, accordingly.

(DINESH MEHTA),J 47-Mak/-

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