‘Gogaji’ A Local Deity: Rajasthan High Court Sets Aside Notification Against Guidelines Barring Village Names Based On Caste Or Religion
The Rajasthan High Court was hearing a batch of Writ Petitions against the notification of the State Government for creation of a new revenue village in District Barmer.
The Rajasthan High Court set aside a notification creating a new revenue village namely “Gogaji Ki Jaal”, which was against the guidelines barring village names based on caste or religion.
The Jodhpur Bench was hearing a batch of numerous Writ Petitions seeking to quash the notification issued by the State Government for creation of a new revenue village in District Barmer.
A Single Bench of Justice Vinit Kumar Mathur held, “Perusal of amended Clause 4 clearly shows that the State Government has modified the earlier clause 4 of the circular dated 20.08.2009 vide its circular dated 17.02.2025 and Gram Panchayats have now been directed to get a resolution passed by majority in the Gram Sabha and that proposal is required to be sent to the State Government. A bare reading of the provision stated above shows that a newly created village should not be named after any person, caste, sub-caste or religion and in the present batch of writ petition it is named after a person, caste and sub-caste. “Gogaji” is a local deity worshiped by a particular community.”
Advocate D.L.R. Vyas represented the Petitioners while Additional Advocate General (AAG) S.S. Ladrecha represented the Respondents.
Brief Facts
Vikas Adhikari of Goliya Jethmal Adel, District Barmer sent a proposal for creation of a new village “Gogaji Ki Jaal” in Panchayat Samiti Aadel, District Barmer. The proposal for the same was taken in the meeting and the said proposal was accompanied by a No Objection Certificate (NOC) issued by the Gram Panchayat. The proposal received from the Gram Panchayat was examined by the Tehsildar concerned by conducting a preliminary inquiry and, thereafter, a report was submitted before the SDO, Gudamalani.
In the aforesaid report, the recommendation was made for creation of the new village as proposed by the Tehsildar. When the fact of creation of new village came to the knowledge of the villagers, the villagers made a representation before the competent authorities of the State Government alleging that the said proposal was against the guidelines issued by the State Government vide its circular in 2009. However, the State Government issued a notification notifying the creation of the revenue village “Gogaji Ki Jaal”. Hence, the Writ Petitions were filed before the High Court challenging the same.
Reasoning
The High Court in the above context of the case, observed, “In the considered opinion of this Court, there is a purpose and intention to incorporate clause 4 in the terms that no particular person, caste, sub-caste or religion should be given undue advantage disturbing the communal harmony in the society.”
The Court was of the opinion that the impugned notification issued by the State Government is in violation of clause 4 of the 2009 circular. It, therefore, directed the State Government to initiate fresh process for creation of new revenue villages adhering to the parameters/guidelines mentioned in the circulars.
“The directions issued hereinabove shall also be made applicable for the cases in which the notification for creation of new villages has not been issued and the same are in process”, it concluded.
Accordingly, the High Court disposed of the Writ Petitions and set aside the impugned notification.
Cause Title- Moola Ram v. State of Rajasthan & Ors. (Neutral Citation: 2025:RJ-JD:9746)
Appearance:
Petitioners: Advocates D.L.R.Vyas, DS Udawat, Sunil Beniwal, Ramavtar Singh, AR Godara, Ram Dayal, Shailendra Gwala, Ramesh Siyag, Sumer Singh Rathore, Shreyansh Mardia, Akshya Kumar Surana, Trilok Singh, RJ Punia, Ratish Bhagnagar, Laxmi Rathore, Rajesh Bhargava, Manohar Singh, Vipin Makkad, Kunal Upadhyay, and Rishabh Tayal.
Respondents: AAG S.S. Ladrecha and Advocate Manish Patel.
