Mukesh Devi vs State Of Rajasthan ...
2023 Latest Caselaw 8100 Raj

[2023:RJ-JD:33356]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13975/2021

Mukesh Devi W/o Late Shri Vijay Singh, Aged About 39 Years, Ward No. 4, Kumharo Ka Mohalla, Malkhera, 5 Ams, Bhadra District Hanumangarh (Raj.).

----Petitioner Versus

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

2. The Chief Executive Officer, Zila Parishad Hanumangarh.

3. The Vikas Adhikari, Panchayat Samiti, Bhadra, District Hanumangarh.

                                                                  ----Respondents


For Petitioner(s)          :    Mr. Deepak Pareek
For Respondent(s)          :    Mr. K.K.Bissa



                     JUSTICE DINESH MEHTA

                                     Order

06/10/2023

1. By way of present petition, the petitioner has challenged the

order dated 30.09.2021 (Annexure.4) passed by the Chief

Executive Officer, Zila Parishad, Hanumangarh, whereby the

petitioner has 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 petitioner argued that the issue

involved in this 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 Petition

No.11472/2021, wherein following the judgment dated

[2023:RJ-JD:33356] (2 of 2) [CW-13975/2021]

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 petition is also allowed, as the consent of Pradhan of the

concerned Panchayat Samiti was not obtained.

4. The impugned order dated 30.09.2021 (Annexure.4) passed

by the Chief Executive Officer, Zila Parishad, Hanumangarh qua

the petitioner is hereby quashed.

5. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 207-akansha/-

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