Rajasthan High Court - Jodhpur
Himmat Ram @ Himmata Ram vs The State Of Rajasthan ... on 7 March, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:11553]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12032/2021
1. Himmat Ram @ Himmata Ram S/o Sh. Sultan Chand,
Aged About 73 Years, R/o- Shop No. 1, Kv No. 1 School
Road, Airforce Area, Jodhpur.
2. Vishal S/o Himmat Ram @ Himmata Ram, Aged About 48
Years, R/o- Shop No. 2, Kv No. 1 School Road, Airforce
Area, Jodhpur.
3. Narayan Lal S/o Sh. Sultan Chand, Aged About 60 Years,
R/o- Shop No. 3, Kv No. 1 School Road, Airforce Area,
Jodhpur.
4. Surendra Singh S/o Sh. Chain Singh Rajpurohit, Aged
About 41 Years, R/o- Shop No. 4, Kv No. 1 School Road,
Airforce Area, Jodhpur.
5. Khalil Ahmed S/o Lala Sadiq, Aged About 57 Years, R/o-
Shop No. 5, Kv No. 1 School Road, Airforce Area, Jodhpur.
6. Tanveer Borana S/o Sh. Keshav Borana, Aged About 45
Years, At Present Owned By Satish Kumar Harit S/o Sh.
Dalip Singh, Aged 53 Years, R/o- Shop No. 5A, Kv No. 1
School Road, Airforce Area, Jodhpur.
7. Jogendra Singh S/o Sh. Kandhari Singh, Aged About 67
Years, R/o- Shop No. 6, Kv No. 1 School Road, Airforce
Area, Jodhpur.
8. Vishal S/o Sh. Jogendra Singh, Aged About 35 Years, R/o-
Shop No. 6A, Kv No. 1 School Road, Airforce Area,
Jodhpur.
9. Jai Prakash Khatri S/o Sh. Laxmichand Khatri, Aged About
40 Years, R/o- Shop No. 7, Kv No. 1 School Road, Airforce
Area, Jodhpur.
10. Sohan Lal Vishnoi S/o Sh. Har Lal Vishnoi, Aged About 48
Years, R/o- Shop No. 8, Kv No. 1 School Road, Airforce
Area, Jodhpur.
11. Mohinder @ Mahendra Singh S/o Sh. Gyan Singh, Aged
About 43 Years, R/o- Shop No. 9, Kv No. 1 School Road,
Airforce Area, Jodhpur.
12. Jagdish S/o Sh. Sardarmal, Aged About 75 Years, R/o-
Shop No. 10, Kv No. 1 School Road, Airforce Area,
Jodhpur.
13. Manohar Singh S/o Sh. Ranjeet Singh, Aged About 67
Years, R/o- Shop No. 11, Kv No. 1 School Road, Airforce
Area, Jodhpur.
14. Swaroop Singh S/o Sh. Ranjeet Singh, Aged About 61
Years, R/o- Shop No. 11A, Kv No. 1 School Road, Airforce
Area, Jodhpur.
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[2024:RJ-JD:11553] (2 of 5) [CW-12032/2021]
15. Jagdish Prasad S/o Sh. Bagaram Choudhary, Aged About
63 Years, R/o- Shop No. 12, Kv No. 1 School Road,
Airforce Area, Jodhpur.
16. Kulwant Kaur W/o Sh. Mohinder Singh, Through Her Lr's-
16/1. Jaspreet Kaur W/o Sh. Harpal Singh, Aged About 48
Years, R/o- Shop No. 12A, Kv No. 1 School Road, Airforce
Area, Jodhpur.
16/2. Jasvinder Kaur W/o Sh. Iqbal Singh, Aged About 52
Years, R/o- Shop No. 12A, Kv No. 1 School Road, Airforce
Area, Jodhpur.
17. Murlidhar S/o Sh. Sultanchand, Through Lr's-
17/1. Mahesh Ware Khatri S/o Late Sh. Murlidhar Khatri, Aged
About 50 Years, R/o- Shop No. 13 And 13A, Kv No. 1
School Road, Airforce Area, Jodhpur.
18. Ajeet Singh S/o Sh. Gyan Singh, Aged About 37 Years, R/
o- Shop No. 14, Kv No. 1 School Road, Airforce Area,
Jodhpur.
19. Abdul Majid S/o Abdul Gani, Through Lr's-
19/1. Mohd. Ramjan Khilji S/o Abdul Majid, Aged About 52
Years, R/o- Shop No. 15, Kv No. 1 School Road, Airforce
Area, Jodhpur.
19/2. Mohd. Salim Khilji S/o Abdul Majid, Aged About 57 Years,
R/o- Shop No. 15A, Kv No. 1 School Road, Airforce Area,
Jodhpur.
20. Sher Singh S/o Sh. Kandhari Singh, Aged About 60 Years,
R/o- Shop No. 16, Kv No. 1 School Road, Airforce Area,
Jodhpur.
21. Narendra Singh S/o Sh. Jogendra Singh, Aged About 34
Years, R/o- Shop No. 16A, Kv No. 1 School Road, Airforce
Area, Jodhpur.
22. Ramnarayan S/o Sh. Jainarayan, Aged About 65 Years, R/
o- Shop No. 17, Kv No. 1 School Road, Airforce Area,
Jodhpur.
23. Tejendra S/o Sh. Ramnarayan Parihar, Aged About 47
Years, R/o- Shop No. 17A, Kv No. 1 School Road, Airforce
Area, Jodhpur.
24. Valsa George W/o Sh. John George, Aged About 74 Years,
R/o- Shop No. 18, Kv No. 1 School Road, Airforce Area,
Jodhpur.
25. Manindar Singh S/o Sh. Sher Singh, Aged About 59 Years,
R/o- Shop No. 28, Kv No. 1 School Road, Airforce Area,
Jodhpur.
26. Dhanraj S/o Sh. Gokulram, Aged About 49 Years, R/o-
Shop No. 29, Kv No. 1 School Road, Airforce Area,
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[2024:RJ-JD:11553] (3 of 5) [CW-12032/2021]
Jodhpur.
----Petitioners
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Local Self Government, Secretariat, Jaipur.
2. The Director, Department Of Local Self Government,
Govt. Of Rajasthan, Jaipur.
3. The Municipal Corporation, Jodhpur (South), Through The
Commissioner, Municipal Corporation (South), Jodhpur.
----Respondents
For Petitioner(s) : Mr. Samarpit Gupta
For Respondent(s) : Mr. Achraj Singh Saluja for
Mr. R.S. Saluja
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 07/03/2024
1. The matter comes up on an application (I.A. No.01/24) for preponement of the date.
2. For the reasons mentioned in the application, the same is allowed.
3. With the consent of learned counsel for the parties, the matter is being heard and decided finally today itself.
4. Heard learned counsel for the parties.
5. The present writ petition has been filed with the following prayers:-
"(A). That the respondents may kindly be directed to comply with the directions issued in the earlier D.B. Civil Writ Petition (PIL) No.10996/2010 decided on 15.05.2012.
(B). That for purpose of maintaining parity between the petitioners, all of them may be directed to be issued Lease/Patta.(Downloaded on 07/03/2024 at 08:42:32 PM)
[2024:RJ-JD:11553] (4 of 5) [CW-12032/2021] (C). That at least in consonance with the prevailing scheme dated 25.04.2017, the respondents may kindly be directed to consider petitioners' case of possession over the land in question and grant them Lease/Patta.
(D). That alternatively, respondents may kindly be directed to act in accordance with Section-69A of the Rajasthan Municipalities Act, 2009 and consequently, consider the cases of petitioners in accordance with aforesaid provision for grant of Lease. (E). That the notice dated 28.12.2020 (Annex.3) so also the notice dated 14.06.2021 (Annex.4) may kindly be quashed and set-aside.
(F). That the petitioners may also kindly be granted relief in consonance with the facts stated and the grounds taken in the memo of writ petition."
6. Leaned counsel for the petitioners submits that the petitioners are in possession of the lands since 1975 and they had undertaken the entire process for allotment of the lands in their favour. However, in pursuance of the directions issued by this Court in a Public Interest Litigation, the petitioners were rehabilitated in Air Force Central School Scheme and presently they are in occupation of the lands earmarked and provided by the official respondents. He further submits that the occupation/possession of the petitioners over the lands is not being regularized by the answering respondents. Learned counsel for the petitioners undertakes to deposit the entire dues for regularization of their possession. He, therefore, prays that the respondents may be directed to issue the orders of regularization for the subject pieces of land occupied by the petitioners at the earliest.
7. Learned counsel for the respondents is not in a position to controvert the submissions made by the counsel for the petitioners and he submits that the regularization orders will be (Downloaded on 07/03/2024 at 08:42:32 PM) [2024:RJ-JD:11553] (5 of 5) [CW-12032/2021] issued at the earliest in accordance with law provided the petitioners fulfill all the formalities of filing an application, paying the amount due for the purpose, etc.
8. Considering the submissions made at the Bar, the present writ petition is disposed of with direction to the petitioners to file an appropriate application for regularization of their possession over the lands in question along with requisite fees and documents as per law.
9. On filing of such application along with necessary documents and requisite fees by the petitioners, the respondent Nos. 2 & 3 are directed to consider the same and issue the orders of regularization, within a period of six weeks from the date of receipt of such application, strictly in accordance with law.
10. The stay petition as well as other pending misc. applications, if any, shall stand disposed of.
(VINIT KUMAR MATHUR),J 220-Shahenshah/-
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