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Rajasthan High Court - Jodhpur

Bharat Singh vs State Of Rajasthan on 29 August, 2019

Bench: Sangeet Lodha, P.K. Lohra

      HIGH COURT of JUDICATURE FOR RAJASTHAN

                               AT JODHPUR


                  D.B. Spl. Appl. Writ No. 897/2019

Sanjay Kumar S/o Shri Tulsi Ram, aged about 32 Years, By Caste
Harijan, Resident of 458, Harijan Mohalla, Panbar, Tonk (Raj.)
                                                                    ----Appellant
                                    Versus
1.     State of Rajasthan, Department of Local Self Bodies,
       Govt. Secretariat, Jaipur through its Secretary.
2.     Dy. Secretary (Administration), Department of Local Self
       Bodies, Govt. Secretariat, Jaipur (Raj.)
3.     Dy. Director (Administration), Department of Local Self
       Bodies, Govt. Secretariat, Jaipur (Raj.)
4.     Commissioner, Nagar Palika, Deoli, District Tonk (Raj.)
                                                                 ----Respondents
                              Connected With
                  D.B. Spl. Appl. Writ No. 898/2019
1.     Devendra Kumar S/o Shri Kailash Chandra, aged about 30
       Years, B/c Balmiki, R/o Behind Old Kachhari, Balmiki Basti
       Bharatpur.
2.     Gaurav Kumar Sarwan S/o Shri Kailash Chandra, aged
       about 29 Years, B/c Balmiki R/o Behind Old Kachhari
       Balmki Basti, Bharatpur.
3.     Rakhi W/o Shri Gopi Kishan, aged about 31 Years, B/c
       Balmiki     R/o     Behind        Old,     Kachhari,       Balmki    Basti,
       Bharatpur.
4.     Rakhi W/o Shri Pushpendra, aged about 30 Years, B/c
       Balmiki R/o Village Samraya, Teh. Wair, Bharatpur.
5.     Reena W/o Shri Veeru Sarvan, aged about 32 Years, B/c
       Balmiki,     R/o     Behind        Old     Kachhari,       Balmiki   Basti
       Bharatpur.
6.     Suman W/o Shri Sanjay Kumar, aged about 27 Years, B/c
       Balmiki, R/o Village Kunder, Post Mudhera, Teh. Roobas,
       Distt. Bharatpur.
7.     Rajkumari W/o Shri Lalaram, aged about 30 Years, B/c
       Balmiki R/o Village Samraya, Teh. Wair, Distt Bharatpur.


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8.   Geeta W/o Shri Sanjeev Kumar, aged about 34 Years, B/c
     Balmiki R/o Behind Old Kachhari, Balmki Basti, Bharatpur.
                                                                ----Appellants
                                 Versus
1.   The State of Rajasthan Through Principal Secretary,
     Department      of    Local      Self     Government,        Secretariat,
     Rajasthan, Jaipur.
2.   The Director, Department of Local Self Government,
     Residency Road, Jaipur.
3.   The Municipal Board, Rajakhda, Distt. Dholpur, through its
     Executive officer.
4.   Madan Mohan S/o Shri Phool Singh, aged about 27 Years,
     By Caste Valmiki, R/o Near Amba Cinema, Harijan Basti,
     Bayana, Dist. Bharatpur.
5.   Khemesh S/o Shri Phool Singh, aged about 26 Years, By
     Caste Valmiki, R/o Near Amba Cinema, Harijan Basti,
     Bayana, Dist. Bharatpur.
6.   Ajeet S/o Shri Mohan Singh, aged about 25 Years, By
     Caste Balmiki, R/o Village Pidawali Tehsil Bayana, Dist.
     Bharatpur.
7.   Sanju W/o Shri Anil Kumar, aged about 28 Years, By
     Caste Balmiki, R/o Village Kunder Post Mudhera, Tehsil
     Roobas, Dist. Bharatpur.
                                                              ----Respondents
               D.B. Spl. Appl. Writ No. 899/2019
1.   Amit Gujrati S/o Sukhram Gujrati, aged about 36 Years,
     B/c Balmiki (SC), R/o Plot No. A- 15, Adarsh Nawal
     Colony, Hasanpura-A, Jaipur.
2.   Sumit S/o Sukhram Gujrati,, aged about 35 Years, B/c
     Balmiki (SC), R/o Plot No. A- 15, Adarsh Nawal Colony,
     Hasanpura-A, Jaipur.
3.   Surendra S/o Suresh,, aged about 31 Years, B/c Balmiki
     (SC), R/o 161, Rajeev Nagar, N.b.c. Khatipura Road,
     Jaipur.
4.   Satyanarayan S/o Deep Chand,, aged about 42 Years, B/c
     Balmiki (SC), R/o Plot No. 135, Rajeev Nagar, Khatipura
     Road, Harizan Basti, Jaipur.
                                                                ----Appellants
                                 Versus

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1.   The State of Rajasthan through Principal Secretary, Local
     Self Govt. Rajasthan, Secretariat, Jaipur.
2.   The Director Cum Deputy Secretary, Local Self Govt.
     Rajasthan, Jaipur.
3.   The Chief Executive officer, Jaipur Municipal Corporation
     (JMC), Lal Kothi, Tonk Road, Jaipur.
4.   The    Commissioner           (Personnel),              Jaipur      Municipal
     Corporation (JMC), Lal Kothi, Tonk Road, Jaipur.
                                                               ----Respondents
              D.B. Spl. Appl. Writ No. 900/2019
1.   Maya W/o Bhanraj, aged about 27 Years, By Caste
     Valmiki (SC), Presently Jointly at Ward No. 2, Near
     Dadabadi, Harijan Colony, Malpura, District Tonk.
2.   Smt. Tannu W/o Umesh Goyar, aged about 31 Years, By
     Caste Valmiki (SC), Presently Jointly at Ward No. 2, Near
     Dadabadi, Harijan Colony, Malpura, District Tonk.
3.   Smt. Guddi W/o Ramesh Chand, aged about 36 Years, By
     Caste Valmiki (SC), Presently Jointly at Ward No. 2, Near
     Dadabadi, Harijan Colony, Malpura, District Tonk.
4.   Smt. Kavita W/o Roopchand, aged about 36 Years, By
     Caste Valmiki (SC), Presently Jointly at Ward No. 2, Near
     Dadabadi, Harijan Colony, Malpura, District Tonk.
5.   Smt. Maya W/o Bhagchand, aged about 28 Years, By
     Caste Valmiki (SC), Presently Jointly at Ward No. 2, Near
     Dadabadi, Harijan Colony, Malpura, District Tonk.
6.   Smt. Maya W/o Vijay Kumar, aged about 26 Years, By
     Caste Valmiki (SC), Presently Jointly at Ward No. 2, Near
     Dadabadi, Harijan Colony, Malpura, District Tonk.
7.   Smt. Pinki W/o Rajesh, aged about 32 Years, By Caste
     Valmiki (SC), Presently Jointly at Ward No. 2, Near
     Dadabadi, Harijan Colony, Malpura, District Tonk.
8.   Smt. Mamta W/o Shiv Prakash, aged about 29 Years, By
     Caste Valmiki (SC), Presently Jointly at Ward No. 2, Near
     Dadabadi, Harijan Colony, Malpura, District Tonk.
9.   Smt. Reena W/o Kanhaiya Lal, aged about 30 Years, By
     Caste Valmiki (SC), Presently Jointly at Ward No. 2, Near
     Dadabadi, Harijan Colony, Malpura, District Tonk.
                                                                 ----Appellants
                                Versus

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1.     The State of Rajasthan through Principal Secretary, Local
       Self Government, Govt. of Rajasthan, Secretariat, Jaipur.
2.     The Director-Cum Ex-officio, Joint Secretary, Local Self
       Govt., Near Civil Line Phatak, C-Scheme, Jaipur.
3.     The Executive officer, Municipalities Malpura, Distt. Tonk
       (Raj.).
                                                                ----Respondents
                 D.B. Spl. Appl. Writ No. 901/2019
Bharat Singh S/o Shri Shankar Lal, aged about 28 Years, By
Caste Harijan, Resident of Harijan Mohalla, Ward No. 03, Deoli,
District Tonk (Raj.).
                                                                   ----Appellant
                                   Versus
1.     State of Rajasthan, Department of Local Self Bodies,
       Govt. Secretariat, Jaipur through its Secretary.
2.     Dy. Secretary (Administration), Department of Local Self
       Bodies, Govt. Secretariat, Jaipur (Raj.).
3.     Dy. Director (Administration), Department of Local Self
       Bodies, Govt. Secretariat, Jaipur (Raj.).
4.     Commissioner, Nagar Palika, Deoli, District Tonk (Raj.).
                                                                ----Respondents
                 D.B. Spl. Appl. Writ No. 902/2019
1.     Rajendra Chanwriya S/o Bhanwar Lal Chanwriya, aged
       about 37 Years, By Caste Harijan, Resident of Agency
       Area, Ward No. 18, House No. 30 Deoli, District Tonk
       (Raj.).
2.     Rakesh Chanwriya S/o Bhanwar Lal Chanwriya, aged
       about 26 Years, By Caste Harijan, Resident of Agency
       Area, Ward No. 18, House No. 30 Deoli, District Tonk
       (Raj.).
3.     Naresh Kumar Harijan S/o Ram Lal Harijan, aged about
       29 Years, By Caste Harijan, Resident of Deoli, District
       Tonk (Raj.).
4.     Mukehs Kumar S/o Ram Pal Harijan, aged about 33 Years,
       By Caste Harijan, Resident of Agency Area, Ward No. 18,
       House No. 30 Deoli, District Tonk (Raj.).
5.     Rekha Kumari W/o Mukesh Kumar, aged about 26 Years,
       Resident of Ward No. 18, Deoli, District Tonk (Raj.).


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6.   Ramavtar Teji S/o Shri Ram Prasad, aged about 28 Years,
     Resident of Ward No. 4, Harijan Mohalla, Tehsil Deoli,
     District Tonk (Raj.)
7.   Kamlesh Kumar Goyar S/o Banshi Lal Goyar, aged about
     28 Years, Resident of Agency Area, Ward No. 18, House
     No. 30 Deoli, District Tonk (Raj.).
                                                               ----Appellants
                                Versus
1.   State of Rajasthan, Department of Local Self Bodies,
     Govt. Secretariat, Jaipur through its Secretary.
2.   Dy. Secretary (Administration), Department of Local Self
     Bodies, Govt. Secretariat, Jaipur through its Secretary.
3.   Dy Director (Administration), Department of Local Self
     Bodies, Govt. Secretariat, Jaipur.
4.   Commissioner, Nagar Palika, Deoli, District Tonk (Raj.).
                                                             ----Respondents
              D.B. Spl. Appl. Writ No. 903/2019
1.   Smt. Manju Devi W/o Shri Vijendra, aged about 34 Years,
     B/c Valmiki (SC), R/o Ward No. 19, New Harijan Basti,
     Laxmangarh, Distt. Sikar.
2.   Shri Santosh Kumar S/o Shri Damodar Prasad, aged
     about 32 Years, B/c Valmiki (SC), R/o Ward No. 18,
     Harijan Basti, Sikar Road, Laxmangarh.
3.   Vikas S/o Shri Raj Kumar, aged about 32 Years, B/c
     Valmiki (SC), R/o Near S.R. School, Ward No. 24,
     Laxmangarh, Sikar.
4.   Mukesh Kumar S/o Shri Murari Lal, aged about 38 Years,
     B/c Valmiki (SC), R/o Near S.R. School, Ward No. 24,
     Laxmangarh, Sikar.
5.   Ajay Kumar S/o Shri Santu Ram, aged about 28 Years,
     B/c Valmiki (SC), R/o Near S.R. School, Ward No. 24,
     Laxmangarh, Sikar.
6.   Guru Dayal S/o Shri Gudad Mal, aged about 25 Years, B/c
     Valmiki (SC), R/o Ward No. 18, Sikar Road, Laxmangarh,
     Sikar.
7.   Mahesh Dhikiya S/o Shri Suresh Kumar, aged about 25
     Years, B/c Valmiki (SC), R/o Near S.R. School, Ward No.
     24, Laxmangarh, Sikar.



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8.    Kapil S/o Shri Gori Shankar, aged about 41 Years, B/c
      Valmiki (SC), R/o Power House Road, Ward No. 23,
      Laxmangarh, Sikar.
9.    Raju S/o Shri Basesar, aged about 26 Years, B/c Valmiki
      (SC), R/o Harijan Mohalla, Ward No. 18, Laxmangarh,
      Distt. Sikar.
10.   Vishal Kumar S/o Shri Munna Ram, aged about 34 Years,
      B/c Valmiki (SC), R/o Near S.R. School, Ward No. 24,
      Laxmangarh, Sikar.
11.   Sunil Kumar S/o Shri Raj Kumar, aged about 30 Years,
      B/c Valmiki (SC), R/o Near S.R. School, Ward No. 24,
      Laxmangarh, Sikar.
12.   Mahendra Kumar S/o Shri Moti Lal, aged about 34 Years,
      B/c Valmiki (SC), R/o Ward No. 18, Laxmangarh, Sikar.
13.   Vijay Kumar S/o Shri Kashi Prasad, aged about 43 Years,
      B/c Valmiki (SC), R/o Near S.R. School, Ward No. 24,
      Laxmangarh, Sikar.
14.   Ganpat Ram S/o Shri Mohan Lal, aged about 28 Years,
      B/c Valmiki (SC), R/o Near S.R. School, Ward No. 24,
      Laxmangarh, Sikar.
15.   Dharmendra S/o Bajrang Lal, aged about 40 Years, B/c
      Valmiki   (SC),         R/o      Ward        No.      18,   Harijan   Basti,
      Laxmangarh, Distt. Sikar.
16.   Smt. Prem Devi W/o Shri Pawan Kumar, aged about 30
      Years, B/c Valmiki (SC), R/o Ward No. 18, Harijan Basti,
      Laxmangarh, Distt. Sikar.
17.   Smt. Seema Devi W/o Shri Mukesh Kumar, aged about 34
      Years, B/c Valmiki (SC), R/o Ward No. 18, Mahettar Basti,
      Sikar Road, Laxmangarh, Distt. Sikar.
18.   Smt. Guddi Devi W/o Shri Suresh Kumar, aged about 34
      Years, B/c Valmiki (SC), R/o Harijan Basti, Ward No. 19,
      Laxmangarh, Distt. Sikar.
19.   Smt. Pushpa Devi W/o Bajrang Lal, aged about 24 Years,
      B/c Valmiki (SC), R/o Ward No. 18, Harijan Basti, Sikar
      Road, Laxmangarh.
20.   Smt. Anupuna Devi W/o Shri Pappu Ram, aged about 45
      Years, B/c Valmiki (SC), R/o Near S.R. School. Ward No.
      24, Laxmangarh, Distt. Sikar.
21.   Smt. Sona Devi W/o Shri Sachine Kumar, aged about 36
      Years, B/c Valmiki (SC), R/o Harijan Basti, Ward No. 24,

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        Laxmangarh, Distt. Sikar.
22.     Smt. Priyanka Devi W/o Shri Sanwarmal, aged about 30
        Years, B/c Valmiki (SC), R/o Harijan Basti, Sikar Road,
        Ward No. 18, Laxmangarh, Distt. Sikar.
                                                                   ----Appellants
                                    Versus
1.      The State of Rajasthan through ACS/Principal Secretary,
        Urban Development and Housing Department (UDH),
        Govt. of Rajasthan, Secretariat, Jaipur.
2.      The Director Cum-Joint Secretary, Directorate of Local
        Self Govt., Govt. of Rajasthan, Civil Lines Phatak, C-
        Scheme, Jaipur.
3.      The Municipality, Laxmangarh, District Sikar through Is
        Executive officer.
4.      Shri Suresh Kumar S/o Late Shri Bhanwar Lal Meena,
        aged about 34 Years, B/c Valmiki (SC), R/o V and P
        Patoda, Teh. Laxmangarh, Distt. Sikar.
5.      Mahendra Kumar S/o Shri Banwari Lal Meena, aged about
        31 Years, B/c Valmiki (SC), R/o V and P Chudela, Distt.
        Jhunjhunu.
                                                                 ----Respondents


For Appellant(s)          :     Mr. M.S.Godara for appellants in
                                SAW No.903/2019 and None present
                                for other appellants.
For Respondent(s)         :     Ms. Rekha Borana, AAG



           HON'BLE MR. JUSTICE SANGEET LODHA

HON'BLE MR. JUSTICE P.K. LOHRA Order 29/08/2019 These special appeals were transferred to the Principal Seat from Jaipur Bench of this Court vide order dated 15.7.19 inasmuch as in the identical appeals, the judgment was already reserved by a Bench at Principal Seat.

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                                        Learned Additional Advocate General                       submits that the

controversy involved in these special appeals stands decided by a Bench of this Court vide judgment dated 9.8.19 rendered in D.B.Special Appeal Writ No.1733/18 "Virendra Kumar & Ors. Vs. State of Rajasthan and Anr." and other connected appeals.

Accordingly, the appeals are disposed of in the light of the Bench decision of this Court dated 9.8.19 rendered in Virendra Kumar's case (supra).

                                   (P.K. LOHRA),J                                        (SANGEET LODHA),J


                                    190 to 196-RP/-




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