Rajasthan High Court - Jodhpur
Tolaram vs State Of Rajasthan on 14 February, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 14354/2021 Manjoor Khan S/o Isale Khan, Aged About 40 Years, R/o Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaiyana, District Jaisalmer Through Its Sarpanch.
----Respondents Connected With (2) S.B. Civil Writ Petition No. 7177/2021 Raidhan Khan S/o Hakim Khan, Aged About 52 Years, R/o Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.
----Respondents (3) S.B. Civil Writ Petition No. 7210/2021
1. Narayan Singh S/o Shri Chain Singh, Aged About 34 Years, R/o Shakti Fojdarsar, Tehsil Bhaniyana, District Jaisalmer (Raj.)
2. Nakhtaram S/o Shri Kalaram Gawariya, Aged About 31 Years, R/o Purani Abadi, Bhaniyana, Tehsil Bhaniyana, District Jaisalmer (Rajasthan)
----Petitioners (Downloaded on 14/02/2022 at 08:56:25 PM) (2 of 9) [CW-14354/2021] Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.
----Respondents (4) S.B. Civil Writ Petition No. 7427/2021 Harikishan Maheshwari S/o Shankarlal Maheshwari, Aged About 46 Years, R/o Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.
----Respondents (5) S.B. Civil Writ Petition No. 7438/2021 Maangilal Rathi S/o Shankarlal Rathi, Aged About 45 Years, Resident Of Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, (Downloaded on 14/02/2022 at 08:56:25 PM) (3 of 9) [CW-14354/2021] District Jaisalmer Through Its Sarpanch.
----Respondents (6) S.B. Civil Writ Petition No. 7582/2021 Hajoor Khan S/o Raydhan Khan, Aged About 45 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur
3. District Collector, Jaisalmer
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch
----Respondents (7) S.B. Civil Writ Petition No. 7587/2021 Tolaram S/o Khetulal, Aged About 40 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur
3. District Collector, Jaisalmer
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch
----Respondents (8) S.B. Civil Writ Petition No. 7588/2021
1. Mahadev Singh S/o Kishan Singh, Aged About 21 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)
2. Bhawari Kanwar W/o Kishan Singh, Aged About 50 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)
----Petitioners (Downloaded on 14/02/2022 at 08:56:25 PM) (4 of 9) [CW-14354/2021] Versus
1. State Of Rajasthan, Through Its Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur
3. District Collector, Jaisalmer
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch
----Respondents (9) S.B. Civil Writ Petition No. 7589/2021 Arshad Khan S/o Saalle Khan, Aged About 47 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur
3. District Collector, Jaisalmer
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch
----Respondents (10) S.B. Civil Writ Petition No. 7995/2021 Mangilal Rathi S/o Bhanwarlal Rathi, Aged About 24 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.
----Respondents
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(11) S.B. Civil Writ Petition No. 7996/2021 Abdul Karim Khan S/o Reesham Khan, Aged About 42 Years, Resident Of Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.
----Respondents (12) S.B. Civil Writ Petition No. 7998/2021 Shyamlal Rathi S/o Shankar Lal Rathi, Aged About 58 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.
----Respondents (13) S.B. Civil Writ Petition No. 8058/2021 Gulab Singh S/o Sawai Singh, Aged About 48 Years, Resident Of Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
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2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.
----Respondents (14) S.B. Civil Writ Petition No. 9875/2021 Indra Devi W/o Kanwarlal, Aged About 51 Years, Resident Of Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.
----Respondents (15) S.B. Civil Writ Petition No. 11695/2021 Muse Khan S/o Nur Mohammad, Aged About 32 Years, Resident Of Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.
----Respondents (16) S.B. Civil Writ Petition No. 14318/2021 Anwar Ali S/o Nenu Khan, Aged About 54 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Downloaded on 14/02/2022 at 08:56:25 PM) (7 of 9) [CW-14354/2021] (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer.
4. Sub Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.
----Respondents (17) S.B. Civil Writ Petition No. 14356/2021 Imamdin Khan S/o Allahrakh Khan, Aged About 49 Years, R/o Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
3. District Collector, Jaisalmer
4. Sub-Divisional Officer, Bhaniyana, District Jaisalmer
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaiyana, District Jaisalmer Through Its Sarpanch.
----Respondents (18) S.B. Civil Writ Petition No. 14471/2021 Safi Mohammed S/o Imam Khan, Aged About 64 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.
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3. District Collector, Jaisalmer.
4. Sub Divisional Officer, Bhaniyana, District Jaisalmer.
5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.
----Respondents For Petitioner(s) : Mr. Sudhir Sharma For Respondent(s) : Mr. D.K. Godara Mr. O.P. Sangwa Mr. Manish Tak, Dy. G.C. JUSTICE DINESH MEHTA Order 14/02/2022
1. In all these writ petitions, the petitioners have challenged the notice issued by the Gram Panchayat, vide which they have been asked to handover their possession, which according to the respondent Gram Panchayat is on the play ground / in or around the boundary of the Government school.
2. Mr. Sudhir Sharma, learned counsel for the petitioners argued that the petitioners are having long possession over the subject land and have raised even Pakka construction, over the land that is part of the Aabadi land.
3. It is also contended that that a few of the petitioners have raised construction within the precincts of the school, whereas construction of other petitioners is outside the boundary wall of the school.
4. Mr. D.K. Godara, learned counsel appearing for the respondent- Gram Panchayat vehemently argued that the petitioners are rank encroachers, who have earlier encroached upon the public road and when the road has been constructed, they have shifted backwards in or around the boundary wall of the (Downloaded on 14/02/2022 at 08:56:25 PM) (9 of 9) [CW-14354/2021] school and few of them have even entered in the portion of the school land and, therefore, no indlugence be granted to the petitioners.
5. At this juncture, Mr. Sharma, learned counsel for the petitioners submits that the State has promulgated a scheme namely 'Swamitva Yojana' notified on 18.01.2021 and the competent authority be directed to regularise petitioner's possession.
6. The writ petitions stand disposed of with the permission to the petitioners to approach the District Collector, Jaisalmer or competent authority for regularisation of their possession in terms of the Swamitva Yojana notified by the State Government on 18.01.2021.
7. In case petitioners move such application for regularisation of their possession, the District Collector Jaisalmer / competent authority shall consider and decide the same strictly in accordance with law, as early as possibly, preferably within a period of six weeks of receiving the application.
8. Interim orders (if any) earlier passed by this Court stand vacated.
9. Stay applications also stand disposed of accordingly.
(DINESH MEHTA),J 128-Ramesh/-
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