Bhupesh Jatia vs State Of Rajasthan (2024:Rj-Jd:38539)
2024 Latest Caselaw 8139 Raj

Rajasthan High Court - Jodhpur

Bhupesh Jatia vs State Of Rajasthan (2024:Rj-Jd:38539) on 18 September, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:38539]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 1544/2023
Bhupesh Jatia S/o Indra Mal Jatia, Aged About 39 Years, R/o Bus
Stand, Molela, Tehsil Nathdwara, District Rajsamand (Raj.).
Posted As Ldc At Gram Panchayat Lal Madri, Panchayat Samiti
Delwara, District Rajsamand.
                                                                         ----Petitioner
                                          Versus
1.       State Of Rajasthan, Through The Principal Secretary,
         Department Of Rural Development And Panchayati Raj
         (Panchayati      Raj),          Government       Of        Rajasthan,   Jaipur,
         Rajasthan.
2.       Additional       Commissioner,            Rural       Development           And
         Panchayati Raj Department, Govt. Of Rajasthan, Jaipur,
         Rajasthan.
3.       Chief       Executive       Officer,     Zila    Parishad,       Rajsamand,
         Rajasthan.
4.       Development Officer, Panchayat Samiti Delwara, District
         Rajsamand.
                                                                      ----Respondents


For Petitioner(s)              :    Mr. Pawan Singh
For Respondent(s)              :    Mr. Manish Patel, AAG



                 HON'BLE MR. JUSTICE FARJAND ALI

Order

18/09/2024

1. Heard learned counsel for the parties.

2. Learned counsel for the petitioner submits that the

controversy involved in the present case is squarely covered

by a judgment rendered by this Court in S.B. Civil Writ

Petition No.17771/2022 (Amrit Pal V/s State of

Rajasthan & Anr.) decided on 25.04.2023 in the following

terms:-

[2024:RJ-JD:38539] (2 of 2) [CW-1544/2023]

"In view of the directions and guidelines issued by the Hon'ble Supreme Court in the case of Avtar Singh V/s Union of India & Ors., the order

03:35:17 PM) [2024:RJ-JD:36464] (2 of 2) [CW- 18659/2022] respondents on 10.11.2022 declaring the petitioner ineligible is not sustainable and the same deserves to be quashed and set-aside. Accordingly, the present writ petition is allowed and the respondents are directed to reconsider the matter of the petitioner preferably by a committee constituted for the purpose and reconsider the case of the petitioner in the light of the judgment rendered in the case of Avtar Singh(Supra) and the circular of the State Government issued from time to time. The entire exercise of reconsideration shall be done by the respondents within a period of eight weeks from the date of receipt of the certified copy of this order."

3. Learned counsel for the respondents is not in a position to

controvert the submissions made by the learned counsel for

the petitioner.

4. In view of the submissions made before this Court, the

present writ petition is disposed of with a direction to the

respondents to consider the case of the petitioner in the light

of the judgment rendered by this Court in the case of Amrit

Pal (supra) and other applicable circulars issued by the

State Government from time to time.

5. The needful shall be done within a period of six weeks from

the date of receipt of the certified copy of this order.

(FARJAND ALI),J 246-Ashutosh/-

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