Rajasthan High Court - Jodhpur
Leela Prajapat vs State Of Rajasthan on 20 January, 2023
Bench: Nupur Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1568/2021
Leela Prajapat D/o Shri Heera Lal Prajapat, W/o Mukesh
Prajapat, Aged About 32 Years, By Caste Kumhar, Resident Of
Village Nai, Tehsil- Girwa, District- Udaipur. At Present Residing
At Devali, District- Udaipur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Personnel, Government Of Rajasthan,
Jaipur.
2. District Collector, Udaipur.
3. Sub Divisional Officer, Girwa, District- Udaipur.
4. Tehsildar, Girwa, District- Udaipur.
----Respondents
For Petitioner(s) : Mr. Shambhoo Singh
For Respondent(s) : Mr. RD Bhadu, GC
HON'BLE DR. JUSTICE NUPUR BHATI
Order
20/01/2023
1. By way of filing this writ petition under Article 226 of
the Constitution of India, the petitioner is claiming following reliefs
:-
"(A). That the rejection of on-line application for issuance of TSP
Certificate of petitioner by the Tehsildar (level-1 officer) on
10.12.2020 on the basis of Patwari report may kindly be quashed
and set aside.
(B). The respondent Nos.3 and 4 may kindly be directed to issue a
special bonafide resident certificate of TSP area as per the
provisions of notification dated 04.07.2016 (Annex.-1) to the
petitioner by accepting her application dated 04.12.2020 (Annex.).
(2 of 3) [CW-1568/2021]
(C). Any other appropriate writ, order or direction which this
Hon'ble Court may deem just and proper in the facts and
circumstances of the case may also kindly be granted in favour of
the petitioner.
2. Counsel for the petitioner and respondents jointly submits
that the issue raised in the present writ petition is squarely
covered by judgment of this Court in Chand Kanwar Vs. State of
Rajasthan & Ors (S.B. Civil Writ Petition No.1627/2022, decided
on 02.02.2022). The said judgment, as relied upon by both the
learned counsel, reads as follows :-
"1. The present writ petition has been filed for the following
reliefs:
"(a) To direct the respondents to act in accordance with the
rules and consequently, grant TSP Certificate to the
petitioner."
2. Learned counsel for the petitioner submitted that the
petitioner was born in Village Bambori, Tehsil, Choti Sadari,
District Pratapgarh, Rajasthan, a TSP Area. He pointed out that
when the petitioner applied for grant of Special Bonafide Resident
Certificate (TSP Area), she was not issued the same, and was
orally informed that since the petitioner has started residing in a
non-TSP area, post her marriage, she is not entitled for the
Special Bonafide Resident Certificate (TSP Area).
3. Inviting attention of the Court towards circular dated
4.7.2016 and notification dated 21.10.2019, issued by the State
Government, learned counsel for the petitioner argued that the
respondents cannot deny grant of Special Bonafide Resident
Certificate (TSP Area) to her. He prayed for a direction to the
respondents to issue a TSP certificate.
4. The prayer made by the petitioner appears to be reasonable
and stand of the respondents is untenable.
5. The respondents cannot deny the petitioner Special Bonafide
Resident Certificate (TSP Area) simply because she has moved out
of TSP Area, as a consequence of her marriage. Special bonafide
residence or residence is to be reckoned from the native place of
residence of the candidate and his parents. It has nothing to do
with marriage.
6. The respondents nos.3 and 4 are directed to issue Special
Bonafide Resident Certificate (TSP Area) to the petitioner in
accordance with law. If the respondents are of the view that the
petitioner is not entitled for grant of Special Bonafide Resident
Certificate (TSP Area), they shall pass a speaking order and send
the same to the petitioner.
(3 of 3) [CW-1568/2021]
7. For the purpose aforesaid, the petitioner shall furnish a
representation alongwith the certified copy of the order instant
and the photostat copy of the application, she claims to have filed.
On receipt of the same, the Tehsildar concerned shall do the
needful within a period of 7 days.
8. The writ petition is therefore allowed in above terms.
9. The stay application also stands disposed of accordingly.
3. On such joint submission made before this Court and upon
perusal of the record, this Court finds that the said judgment is
squarely applies to the fatual matrix of the present case.
4. In view of the submissions made, the writ petition filed by
the petitioner is allowed with similar directions as given in the
case of Chand Kanwar Vs. State of Rajasthan & Ors (supra).
The stay application also stands disposed of.
(DR. NUPUR BHATI),J
SURABHII/57-
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