LiveLaw Rajasthan High Court Weekly Round-Up: August 3 - August 9, 2026

Update: 2026-08-11 09:30 GMT
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Citation: 2026 LiveLaw (Raj) 315 - 2026 LiveLaw (Raj) 319Nominal IndexSanjay Choudhary v the State of Rajasthan & Ors.; 2026 LiveLaw (Raj) 315Dinesh Chourasiya v State of Rajasthan & Ors, and other connected petitions; 2026 LiveLaw (Raj) 316Bhim Singh Meena v State of RajasthanSuo Motu: In Re Illegal Registration of Municipal Properties (incl. Judges' Bungalows, Geeta Bhawan,...

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Citation: 2026 LiveLaw (Raj) 315 - 2026 LiveLaw (Raj) 319

Nominal Index

Sanjay Choudhary v the State of Rajasthan & Ors.; 2026 LiveLaw (Raj) 315

Dinesh Chourasiya v State of Rajasthan & Ors, and other connected petitions; 2026 LiveLaw (Raj) 316

Bhim Singh Meena v State of Rajasthan

Suo Motu: In Re Illegal Registration of Municipal Properties (incl. Judges' Bungalows, Geeta Bhawan, Schools, Colleges & Temples as well as Khasra 482/485/490) as Waqf Assets in Jodhpur

Bhanwar Lal Bula & Anr. v State of Rajasthan & Ors.; 2026 LiveLaw (Raj) 317

Asha Ram v State of Rajasthan & Ors.; 2026 LiveLaw (Raj) 318

R v State of Rajasthan & Anr.; 2026 LiveLaw (Raj) 319

Judgments/Orders of the Week

Probationer Is Also 'Employee' Under RPwD Act, Can't Be Terminated For Acquiring Disability During Service: Rajasthan High Court

Title: Sanjay Choudhary v the State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 315

The Rajasthan High Court has held that a probationary government employee who acquires a disability during service is entitled to protection under Section 20 of the Rights of Persons with Disabilities Act, 2016, and cannot be terminated merely because he was on probation.

The bench of Justice Rekha Borana granted relief to a constable whose services were terminated after he acquired 100% disability following an accident during his probation period. The Court held that an employee appointed through a regular process of recruitment does not cease to be an "employee" merely because he has not been confirmed in service.

Public Purpose Can't Override Statutory Timelines: Rajasthan High Court Quashes 2011 Land Acquisition Over Delayed Award

Title: Dinesh Chourasiya v State of Rajasthan & Ors, and other connected petitions

Citation: 2026 LiveLaw (Raj) 316

The Rajasthan High Court has quashed land acquisition proceedings initiated by the Rajasthan Housing Board in 2011 after holding that the award, passed in 2017, was barred by the mandatory timeline prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The bench of Justice Anand Sharma held that once Section 24(1)(a) of the 2013 Act became applicable, the limitation under Section 25 governed the proceedings, and not Section 11A of the repealed Land Acquisition Act, 1894.

“Public purpose, however laudable, cannot authorise continuation of proceedings in derogation of a legislative command… land acquisition laws are expropriatory in nature and when such statute creates a power and simultaneously prescribes the manner and period within which such power is to be exercised, the authority must act strictly within four corners of the statute,” it observed.

Rajasthan High Court Directs Collections From 'Illegal' Toll Plaza Be Used For Tree Plantation

Title: Bhanwar Lal Bula & Anr. v State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 317

The Rajasthan High Court has directed the Project Director of the Rajasthan State Highways Authority to expeditiously decide, within three months, an application seeking implementation of the District Collector's order directing relocation of an allegedly illegal toll plaza.

The Court also directed that details of the toll collections be retained and placed before the Project Director, who shall pass appropriate orders for utilising the collected amount for planting shade-bearing trees in nearby public areas.

The Court further warned that if the Project Director fails to decide the application within the stipulated period, appropriate proceedings under the Contempt of Courts Act, 1971 may be initiated against him.

Justice Anoop Kumar Dhand  observed that tree plantation would serve the larger public interest.

Rajasthan High Court Grants First Parole To Asaram After Over 13 Years In Jail, Says State's Objections 'Figments Of Imagination'

Title: Asha Ram v State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 318

Rajasthan High Court granted Asaram 20-day parole–following an order upholding his conviction for raping a minor, in light of his age as well as the fact that he had spent more than 13 years in incarceration.

The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit rejected the grounds on which the parole application was rejected by the concerned authorities, opining those to be “misleading and figments of imagination without any basis”.

'Abuse Of Process': Rajasthan High Court Quashes FIR Alleging Husband Used Drugs, Black Magic To Solemnise Marriage

Title: R v State of Rajasthan & Anr.

Citation: 2026 LiveLaw (Raj) 319

The Rajasthan High Court recently quashed an FIR lodged by a woman against her husband alleging that he had used drugs, medicines and black magic to induce her into marrying him and had thereafter raped her, holding that the criminal proceedings amounted to an abuse of the process of law.

The bench of Justice Anoop Kumar Dhand highlighted that the FIR was lodged 4 years after marriage, and 1 year after a daughter was born out of the wedlock, and that too based on vague allegations.

Further, it was highlighted that since the main allegation was of rape, the offence was not made out against the petitioner in light of the Exception 2 to Section 375, IPC, that carved out marital rape from the definition of the rape.

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