Rajasthan High Court - Jodhpur
Sunita vs The State Of Rajasthan ... on 28 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:5383]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1802/2025
Sunita D/o Shri Madan Lal W/o Shri Om Prakash Teli, Aged About
32 Years, Resident Of Talai Mohalla, Ward No. 6, Tehsil And
District Pratapgarh, At Present Dungla, District Chittorgarh.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Deputy Secretary
Rural Development And Panchayati Raj Department,
Government Of Rajasthan, Jaipur.
2. Sub Divisional Officer, Tehsil And District Pratapgarh.
3. The Tehsildar, Tehsil And District Pratapgarh.
4. The Patwari, Tehsil And District Pratapgarh.
----Respondents
For Petitioner(s) : Mr. Abhinav Jain
HON'BLE MS. JUSTICE REKHA BORANA
Order
28/01/2025
1. Learned counsel for the petitioner submits that the issue
stands covered by a Co-ordinate Bench Judgment of this Court in
Sundar Kumari Vs. State of Rajasthan & Ors.; (S.B. Civil
Writ Petition No.10599/2022) decided on 28.07.2022. In
Sundar Kumari's case the Court observed and held as under:-
"1. The present writ petition has been filed for
the following reliefs:
"(a) That the order dated 19.04.2022 (Annex-
10) passed by the Tehsildar, Bhinder, Udaipur
vide which the application for the grant of TSP
certificate has been rejected be quashed and
set aside.
[2025:RJ-JD:5383] (2 of 3) [CW-1802/2025]
(b) That the respondents may kindly be
directed to issue Special bonafide resident
certificate of TSP area."
2. Learned counsel for the petitioner submitted
that the petitioner was born in Village
Hamerpura, Tehsil Bhindar, District Udaipur,
Rajasthan, a TSP Area. He pointed out
thatwhen 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 anon-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 dated4.7.2016 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
[2025:RJ-JD:5383] (3 of 3) [CW-1802/2025]
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.
7. For the purpose aforesaid, the petitioner
shall furnish a representation along with 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."
2. In view of the above ratio, the present writ petition is also
disposed of on the same terms.
3. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
31-AbhishekK/-
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