Ram Chandra vs State Of Raj. & Ors on 28 July, 2011

[Cites 14, Cited by 0]

Rajasthan High Court - Jodhpur

Ram Chandra vs State Of Raj. & Ors on 28 July, 2011

Bench: Dinesh Maheshwari

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22
      (1)    S.B. CIVIL WRIT PETITION NO. 10091/2010.
                Ram Chandra Vs. State of Rajasthan & Ors.
                               ..
23
      (2)    S.B. CIVIL WRIT PETITION NO. 10092/2010.
                Doongar Singh Vs. State of Rajasthan & Ors.
                               ..
24
      (3)    S.B. CIVIL WRIT PETITION NO. 10093/2010.
               Smt. Chhoti Devi Vs. State of Rajasthan & Ors.
                               ..
25
      (4)    S.B. CIVIL WRIT PETITION NO. 10094/2010.
                  Jai Narayan Vs. State of Rajasthan & Ors.
                               ..
26
      (5)    S.B. CIVIL WRIT PETITION NO. 10095/2010.
                   Luna Ram Vs. State of Rajasthan & Ors.
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27
      (6)    S.B. CIVIL WRIT PETITION NO. 10096/2010.
               Smt. Shanti Devi Vs. State of Rajasthan & Ors.
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28
      (7)    S.B. CIVIL WRIT PETITION NO. 10097/2010.
             Subhash Vs. State of Rajasthan & Ors.
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29
      (8)    S.B. CIVIL WRIT PETITION NO. 10098/2010.
                 Narpat Singh Vs. State of Rajasthan & Ors.
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30
      (9)    S.B. CIVIL WRIT PETITION NO. 10099/2010.
                  Ghasi Ram Vs. State of Rajasthan & Ors.
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205
      (10    S.B. CIVIL WRIT PETITION NO. 10101/2010.
              Rameshwar Prasad Vs. State of Rajasthan & Ors.
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206
      (11)   S.B. CIVIL WRIT PETITION NO. 10102/2010.
               Smt. Champa Devi Vs. State of Rajasthan & Ors.
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207
      (12)   S.B. CIVIL WRIT PETITION NO. 10104/2010.
              Mohan Ram & Anr. Vs. State of Rajasthan & Ors.
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208
      (13)   S.B. CIVIL WRIT PETITION NO. 10105/2010.
             Ramesh Vs. State of Rajasthan & Ors.
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209
      (14)          S.B. CIVIL WRIT PETITION NO. 10106/2010.
                    Sohan Lal     Vs. State of Rajasthan & Ors.
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210
      (15)          S.B. CIVIL WRIT PETITION NO. 10107/2010.
                    Satya Narayan Vs. State of Rajasthan & Ors.
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      Date of Order ::        28th July 2011.



               HON'BLE MR. JUSTICE DINESH MAHESHWARI

      Mr. D.K. Godara ]
      Mr. Pappu Sangwa ], for the petitioner/s.

      Mr. Sandeep Bhandawat, Government Counsel with
      Mr. Shanker Singh  ]
      Mr. Manoj Bohra    ]
      Mr. O.P. Rathi     ]
      Mr. Ramesh Purohit ], for the respondents.
                                <<>>

      BY THE COURT:

These matters involving similar and akin issues have been considered together; and having regard to the circumstances, at the request and with the consent of the learned counsel for the parties, are taken up for final disposal at this stage itself.

The short point involved in these matters is that the petitioners, who are claiming right over different pieces of land at Nagaur on the basis of either the document title (patta) from the Municipal Board, Nagaur or sale deed or possession, have filed these writ petitions questioning the impugned notices, said to have been issued by the Tehsildar, Nagaur under Section 91 of the Land Revenue Act, 1956 alleging the 3 petitioners to be the trespassers over the agriculture land. The petitioners have questioned the impugned notice as being without jurisdiction.

In these petitions, while issuing notices to the respondents, this Court directed that the petitioner/s shall not be dispossessed from the land in question.

After having heard the learned counsel for the parties and after having perused the material placed on record, this Court is of opinion that when the Tehsildar concerned has issued the notices, it is always open for the petitioners to submit their reply and to make relevant submissions before the Tehsildar concerned who is expected to take a decision on the notice in accordance with law. So far the apprehensions of the petitioners about the attempts of their dispossession by the District Administration are concerned, when it is noticed that this Court has already passed the order for not dispossessing them from the land in question, it does appear appropriate to make such stay order absolute until the final decision of the matter by the Tehsildar concerned in accordance with law.

Therefore, these writ petitions are partly allowed to the extent that in each case, the petitioner shall not be dispossessed from the land in question until the final decision of the matter by the Tehsildar, Nagaur pursuant to the notice issued to the petitioner. However, the parties shall be free to proceed in accordance with law pursuant to the decision by the Tehsildar concerned.

For the purpose of further proceedings, the parties shall stand at notice through their respective counsel to appear before the Tehsildar, Nagaur on 30.08.2011.

It shall be permissible for the petitioners to file reply to the notices issued to them by the Tehsildar, Nagaur on or before their date of appearance, i.e., 30.08.2011.

The Tehsildar, Nagaur shall proceed with the matter in accordance with law and while keeping in view the observations made hereinabove.

There shall be no orders as to costs of these petitions.

(DINESH MAHESHWARI), J.

Mohan// 5 23 (2) S.B. CIVIL WRIT PETITION NO. 10092/2010.

Doongar Singh Vs. State of Rajasthan & Ors.