Citation : 2026 Latest Caselaw 164 Raj
Judgement Date : 7 January, 2026
[2026:RJ-JD:672]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6110/2025
Mangat Ram Khanna S/o Shri Gajanand, Aged About 60 Years,
Resident Of Ward No. - 10, Dhanak Mohalla, Sri Ganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Personnel, Jaipur.
2. The Registrar, Co-Operative Societies, Rajasthan, Nehru
Sahakar Bhawan, 22 Godam, Jaipur.
3. The Additional Superintendent Of Police-Ii, Anti
Corruption Bureau, Pali.
----Respondents
For Petitioner(s) : Mr. Ankur Mathur
For Respondent(s) : Mr. Arpit Samariya
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
07/01/2026
1. Learned counsel for the petitioner submits that the
prosecution sanction against the petitioner was granted on
29.09.2023 and the said order has been challenged by way of the
present writ petition. It is contended that the impugned order is a
non-speaking order and has been passed in a wholly mechanical
manner, reflecting total non-application of mind. Learned counsel
for the petitioner places reliance upon the judgment passed by the
Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.
1023/2025 decided on 20.02.2025. Further reliance is placed on
the judgment of the Division Bench of this Court in D.B. Civil
Special Appeal No. 707/2023 decided on 18.10.2024 and it is
submitted that the impugned order deserves to be set aside and
(Uploaded on 08/01/2026 at 07:03:56 PM)
[2026:RJ-JD:672] (2 of 2) [CW-6110/2025]
the matter be remanded to the competent authority for fresh
consideration after due application of mind.
2. Learned counsel for the State vehemently opposes the
submissions made by learned counsel for the petitioner, however,
he is not in a position to refute the submissions made by learned
counsel for the petitioner. As a matter of fact, learned counsel for
the respondent fairly concedes that the impugned order may be
set aside and liberty be granted to the respondent authorities to
pass a fresh order in accordance with law.
3. Considering the submissions made by learned counsel for
both the parties, the impugned order dated 29.09.2023
(Annexure-4) is hereby set aside. The respondent authorities are
granted liberty to take a fresh decision as to whether prosecution
sanction is to be granted or not, in accordance with law and after
due application of mind.
4. Accordingly, the writ petition is allowed.
5. All pending application(s), if any, also stand(s) disposed of.
(SUNIL BENIWAL),J 71-Ashutosh/-
(Uploaded on 08/01/2026 at 07:03:56 PM)
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