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[2026:RJ-JD:5154-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 1564/2026

1. Ramkishan Agrawal S/o Shri Mahaveer Prasad, Aged

About 48 Years, R/o Ward No.9, Bataseema Mork 2,

Rajgarh, District Churu (Raj.)

2. Ajeet Kumar S/o Gopal Ram, Aged About 39 Years, R/o

Ward No. 32, Near Ek Number School, Rajgarh, District

Churu (Raj.)

----Petitioners

Versus

1. The State Of Rajasthan, Through Secretary, Department

Of Local Self, Government Of Rajasthan, Secretariat,

Jaipur.

2. Director Cum Special Secretary, Department Of Local

Bodies, Rajasthan, Jaipur.

3. State Election Commission Rajasthan, Jaipur Through

Secretary.

4. District Election Officer Cum District Collector, Churu

5. Municipal Council, Rajgarh, District Churu Through Its

Commissioner.

6. Sub Divisional Officer, Rajgarh District Churu.

----Respondents

For Petitioner(s) : Mr. Piyush Sharma

Mr. Jitendra Rathore

For Respondent(s) : Mr. Rajesh Panwar, Sr Adv & AAG with

Mr. Ayush Gehlot

HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA

HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

29/01/2026

1. The issue raised in the present writ petition is no longer res

integra and already stands adjudicated by this Court at Jaipur

Bench in Sheela Kumari vs. State of Rajasthan & Ors. and

other connected matters¹ along with other connected matters.

1 D.B. Civil Writ Petition No.7718/2025, decided on 14.11.2025

(Uploaded on 29/01/2026 at 05:18:53 PM)

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[2026:RJ-JD:5154-DB] (2 of 5) [CW-1564/2026]

In the said writ petitions, this Court has considered the issue and

held as under:

“145. After analysing the said contention and giving

thoughtful consideration to the provisions of the PESA Act, it

is clear that the participation of the Gram Sabha is

mandated only for the functions as prescribed under Section

4 of the PESA Act, which deals with the resettlement,

rehabilitation or development of the TSP area. In absence

of any specific statutory requirement prescribed under the

Constitution of India or the PESA Act, it cannot be held that

the prior consultation of the Gram Sabha for the purpose of

delimitation, TSP Area is mandatory. The judgments relied

upon by the petitioners in Bhanwar Lal Mundra (supra) and

other judgments are not related to the issue so raised,

therefore, the same are not applicable in the facts of the

present case. Hence, the challenge given by the petitioners

to the delimitation notifications on such grounds fails.

146. In some of the writ petitions, the petitioners have

challenged the final notifications on the ground that on

earlier occasion, some part of the Panchayat area has been

included, whereas, while issuing the notifications impugned,

the said notifications were withdrawn or the rural area is

again excluded from the Municipality. Counsels for the

petitioners contended that said exercise clearly shows

arbitrary exercise of the powers by the State authorities and

the same cannot be allowed to be sustained.

147. Learned Advocate General while responding to the said

challenge, has reiterated the submission regarding scope of

interference of this Court in such matters. It is contended

that once the State Government after thoughtful

consideration of, overall factors has taken a conscious

decision, the same cannot be interfered with by this Court

under Article 226 of the Constitution of India. Reliance has

been placed upon a recent judgment passed by the learned

Division Bench of this Court in the case of Pankaj Panwar

(supra). The relevant part of the judgment is quoted below:

"3. According to the petitioners, the Sub-divisional

Officer at Raniwada started the process for creating

20 wards in the erstwhile Gram Panchayat Raniwada

and for that purpose a notice inviting objection was

published on 27th March 2025. The petitioners have

produced on record the copies of notifications

pertaining to Gram Panchayats Jhakhal and Dundlod

both dated 02nd September 2024 to demonstrate

that similar exercises were undertaken in other

Gram Panchayats. However, the s