Rajasthan High Court - Jaipur
Sankar Lal Yadav vs State (Animal And Husbsndry Dep)Ors on 20 October, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
1. S.B. CIVIL WRIT PETITION NO. 13521 OF 2014
Sankar lal Yadav S/o Shri Pokharmal, Aged about 50
years, R/o plot No.4 Balanand ji ka Rasta, Behind
Balanand Mandir, Near Saraswati Kund, Jaipur(Raj)
...PETITIONER
Versus.
1 State of Rajasthan, through Secretary, Anmal
Husbandry Department, Government of Rajasthan,
Secretariat, Bhawani Singh Road, Jaipur.
2 Jaipur Development Authority, Ram Kishore Vyas
Bhawan, Jawahar lal Nehru Marg, near Indira Circle,
Jaipur through it's Commissioner.
3 Jaipur Municipal Corporation, Pundit Deen Dayal
Upadhyay Bhawan, Lal Kothi, near S.M.S. Stadium,
Tonk Road, Jaipur through it's Commissioner.
4 Commissioner(Cowshed), Jaipur Municipal
Corporation, Pandit Deen Dayal Upadhyay Bhawan, lal
kothi, near S.M.S. Stadium, Tonk Road, Jaipur.
NON PETITIONERS
2. S.B. CIVIL WRIT PETITION NO. 9281 OF 2012
1. Rajendra jat S/o Shri Prabhu Dayal, aged about 30
years, Resident of Plot No. 271, Shanti Nagar-B, Gurjar
Ki Thari, New Sanganer Raod, Gupalpura, Jaipur(Raj.)
2. Surendra Singh, S/o Late Shri Vijay Singh. Resident
of Plot No. 42, Shiv Colony, Moti Nagar Paschim,
Jaipur(Raj.)
3. Shri Ram S/o Shri Mata Ram, aged about 65 resident
of Plot No.3, Gurjar Basti, Vidhyadhar Nagar,
Jaipur(Raj.)
4. Ravi Kumar S/o Shri Ram, aged about 32 resident of
Plot A-3, Shiv Colony, Sector 8 Vidhyadhar Nagar,
Jaipur(Raj.)
5. Vikram Kalra S/o Shri Subhash Kalra, resident of
129, Ramgali No.4 Rajapark, Jaipur(Raj.)
6. Dheeraj S/o Shri Tilak Raj, resident of 149,
Ramgali No.3 Rajapark Adrash Nagar, Jaipur(Raj.)
7. Nand Kishore S/o Shri Gyanchand, resident of B-10 E
Parnami Mandir, Rajapark, Jaipur(Raj.)
...PETITIONERS.
2
VERSUS.
1. Jaipur Development Authority, Indira Circle, J.L.N
Marg, Jaipur through it's Commissioner.
2. Jaipur Municipal Corporation, Lal Khoti, Jaipur
through it's Commissioner.
...NON PETITIONERS.
3.S.B. CIVIL WRIT PETITION NO.5299/2013
1. Hanuman Sahay Kumawat S/o Late Shri Chunnilal
Kumawat, aged about 50 years, Resident of A-6A, Sahakar
Nagar, Shilp Colony, Jhotwara, Jaipur(Raj.)
2. Sohan Lal, S/o Bajrang Lal Yadav, Resident of Plot
No. 30, Brij Vihar Vistar, Jagatpura, Jaipur(Raj.)
3. Shiv Prasad Choudhary S/o Shri Rekha Ram Choudhary,
resident of Plot No. B-4-5, Vinobha Bhave Nagar,
Vaishali Nagar, Jaipur(Raj.)
4. Pankaj Yadav S/o Shri Bajrang Lal Yadav, Resident of
Plot No. 50, Brij Vihar Vistar, Jagatpura, Jaipur(Raj.)
Smt. Kamli Devi Widow of Nopa Ram, resident of Plot No.
A-166, A.K. Gopalan Nagar, Khatipura, Jaipur(Raj.)
5. Ramsingh S/o Shri Shivram, resident of A-40-41,
Krishna Colony Khatipura, Jaipur(Raj.)
6. Chandrakala Yadav W/o Shri Gopal Yadav, resident of
Plot No. 32,Brij Vihar Vistar, Jagatpura, Jaipur(Raj.)
Narsingh S/o Shri Nanuram, resident of Plot No.2 Prabhat
Colony, Khatipura, Jaipur(Raj.)
7. Narendra Kumar S/o Fateh Singh Yadav, Resident of
Plot No. 52,Brij Vihar Vistar, Jagatpura, Jaipur(Raj.)
...PETITIONERS.
VERSUS.
1. Jaipur Development Authority, Indira Circle, J.L.N
Marg, Jaipur through it's Commissioner.
2. Jaipur Municipal Corporation, Lal Khoti, Jaipur
through it's Commissioner.
...NON PETITIONERS.
4. S.B. CIVIL WRIT PETITION NO.10271/2014
Smt. Surgyani Devi, wife of Shri Girraj Prasad, aged
about 38 years, resident of House No.G-12, Sidharth
Nagar, Nandupuri, Malviya Nagar, Jaipur(Raj.)
...PETITIONER
VERSUS.
3
1 State of Rajasthan, through Secretary, Anmal
Husbandry Department, Government of Rajasthan,
Secretariat, Bhawani Singh Road, Jaipur.
2 Jaipur Development Authority, Ram Kishore Vyas
Bhawan, Jawahar lal Nehru Marg, near Indira Circle,
Jaipur through it's Commissioner.
3 Jaipur Municipal Corporation, Pundit Deen Dayal
Upadhyay Bhawan, Lal Kothi, near S.M.S. Stadium,
Tonk Road, Jaipur through it's Commissioner.
4 Commissioner(Cowshed), Jaipur Municipal
Corporation, Pandit Deen Dayal Upadhyay Bhawan, lal
kothi, near S.M.S. Stadium, Tonk Road, Jaipur.
...NON PETITIONERS
5. S.B. CIVIL WRIT PETITION No.13583/2014
1. Nathu Lal Gujar, Son of Shri Raghunath Gujar Aged
about 70 years, Resident of Plot no. 2 Gujaro ki Bagichi
Indra Bazar, Jaipur(Raj.)
2. Gyarsi Devi Wife of Late Shri Ganga Ram Gujar, Aged
about 65 years, Resident of Plot no. 1579, Rajashivdasji
Ka Rasta, in front of Aakashdeep School, Jaipur(Raj.)
3. Ramphool Gujar Son of Late Shri Ganga Ram Gujar, Aged
about 39 years, Resident of Plot no. 1577, Rajashivdasji
Ka Rasta, in front of Aakashdeep School, Jaipur(Raj.)
4. Shankar Lal Gujar Son of Late Shri Choturam Gujar,
Aged about 45, years Resident of Plot no. 3822, Nidad
Rao Ji Ka Rasta, Gujaro ki Bagichi Chandpol Bazar,
Jaipur(Raj.)
5. Rakesh Gujar Son of Shri Devnarayan Gujar, Aged about
32 Years, Resident of Plot no.3889, Topkhanadesh, Near
Darbar School, Indra Bazar Jaipur(Raj.)
6. Rohitash Singh Son of Shri Murlidhar, Aged about 60
years, Resident of I-7, Sindhi Colony Banipark,
Jaipur(Raj.)
7. Laxman Singh Son of Shri Chait Ram, Aged About 84
years, Resident of Mukerjy Colony, Jaipur(Raj.)
8. Munni Devi Wife of Kajod Mal, Aged about 47 years,
Resident of Plot no. 2657, Jat Ke Kuo Ka Rasta, Chandpol
Bazar, Jaipur(Raj.)
9. Om Prakash Son of Gopal Lal, Aged about 47 years,
Resident of Plot no. 2806, Bagaruwalon Ka Rasta,
Chandpol Bazar, Jaipur(Raj.)
10. Babu Lal Son of Sh. Ramdev Das, Aged about 40 years,
Resident of A-49 Loknayak Vyas Colony, Nahari ka Naka,
Shastri Nagar, Jaipur(Raj.)
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11. Rajendra Gujar Son of Sh. Madholal, Aged about 47
years, Resident of Plot no. 4382, Jat Ke Kuo Ka Rasta,
yagshala ki Babdi, Jaipur(Raj.)
12. Shri Ram Gujar Son of Sh. Shonarayan Gujar,Aged
about 53 years, Resident of Plot no. 4387, yagshala ki
Babdi, Bairwa Basti, Jaipur(Raj.)
13. Babu Singh Son of Sh. Kheta ram Gujar, Aged about 40
years, Resident of Jat Ke Kuo Ka Rasta, Last Crossing
Chandpol Bazar, Jaipur(Raj.)
Petitioners
Versus
1. State of Rajasthan, through Secretary, Anmal
Husbandry Department, Government of Rajasthan,
Secretariat, Bhawani Singh Road, Jaipur.
2. Jaipur Development Authority, Ram Kishore Vyas
Bhawan, Jawahar lal Nehru Marg, near Indira Circle,
Jaipur through it's Commissioner.
3. Jaipur Municipal Corporation, Pundit Deen Dayal
Upadhyay Bhawan, Lal Kothi, near S.M.S. Stadium, Tonk
Road, Jaipur through it's Commissioner.
4. Commissioner(Cowshed), Jaipur Municipal Corporation,
Pandit Deen Dayal Upadhyay Bhawan, Lal kothi, near
S.M.S. Stadium, Tonk Road, Jaipur.
Respondents
6. S.B. CIVIL WRIT PETITION NO.14410/2014
1. PremNarayan S/o Shri LaxmiNarayan, Resident of
Dhoolkot Baypass Delhi Road, Jaipur(Raj.)
2. Mukesh Jayaswal S/o Shri Ganesh Narayan Jayaswal,
Resident of P.No 3611 Bhoot ke Kuye Ki Gali, Moti Singh
Bhomiyo Ka Rasta, Johri Bazar, Jaipur(Raj.)
...PETITIONERS.
VERSUS.
1. Jaipur Development Authority, Indira Circle, J.L.N
Marg, Jaipur through it's Commissioner.
2. Jaipur Municipal Corporation, Lal Khoti, Jaipur
through it's Commissioner.
...NON PETITIONERS.
7. S.B. CIVIL WRIT PETITION NO.9422/2016
1. Hajari Son of Sh. Jawahar Ram Aged about 60 Years,
Resident of Plot no. 42, Prem Nagar, Jhotwara, Jaipur.
2. Sultan Singh Son of Sh. Jawahar Lal, Aged about 55
Years, Resident of Plot no. 43, Prem Nagar, Laxmi Marg,
Jhotwara, Jaipur.
3. Ram Narayan Son of Sh. Mangla Ram, Aged about 42
years, Resident of Group Housing Plot no. 2, Maa Hinglaj
nagar, Opposite Sofiya School, Jaipur.
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4. Kailash Chand Yadav Son of Sh. Nanu Ram Yadav, Aged
about 45 years, Resident of 1 and 2, Mangal Vihar
Vistar, Nine shops, Kalwad Raod, Jaipur.
5. Sitaram Yadav, Son of Late Shri Mahadev Yadav, Aged
about 45 Years, Resident of Plot no. 1, Kalwad Road,
Gokulpura(Shri Karni Uma Vihar), Jaipur.
6. Dhanna Ram Son of Shri Mangla Ram, Aged about 66
Years, Resident of 1714, Jailal Munshi Ka Rasta, Jaipur.
Petitioners
Versus
1 State of Rajasthan, through Secretary, Animal
Husbandry Department, Government of Rajasthan,
Secretariat, Bhawani Singh Road, Jaipur.
2 Jaipur Development Authority, Ram Kishore Vyas
Bhawan, Jawahar lal Nehru Marg, near Indira Circle,
Jaipur through it's Commissioner.
3 Jaipur Municipal Corporation, Pundit Deen Dayal
Upadhyay Bhawan, Lal Kothi, near S.M.S. Stadium,
Tonk Road, Jaipur through it's Commissioner.
4 Commissioner(Cowshed), Jaipur Municipal
Corporation, Pandit Deen Dayal Upadhyay Bhawan, lal
kothi, near S.M.S. Stadium, Tonk Road, Jaipur.
Respondents
8. S.B. CIVIL WRIT PETITION NO.4008/2016
1. Kailash Gurjar S/o Shri chothmal aged about 45 years,
Resident of Plot No.5392, Samriyo ka chok, Purani
kotwali, Johri Bazar, Jaipur(Raj.)
2. Dev Narayan Gurjar S/o Shri Chothmal aged about 57
years, Resident of Plot No.5392, Samriyo ka chok,
Purani kotwali, Johri Bazar, Jaipur(Raj.)
3. Ramful Gurjar S/o Shri Chothmal,Resident of Plot
No.5392, Samriyo ka chok, Purani kotwali, Johri Bazar,
Jaipur(Raj.)
4. Ram kishore Gurjar s/o Kana ram Gurjar, Resident of
J-227 Bharat Tant wali gali Adarsh Nagar Dhobiyon ka
Mod, jaipur, Gpo, Rajasthan.
PETITIONERS.
VERSUS.
1. State of Rajasthan, through Secretary, Anmal
Husbandry Department, Government of Rajasthan,
Secretariat, Bhawani Singh Road, Jaipur.
2. Jaipur Development Authority, Ram Kishore Vyas
Bhawan, Jawahar lal Nehru Marg, near Indira Circle,
Jaipur through it's Commissioner.
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3. Jaipur Municipal Corporation, Pundit Deen Dayal
Upadhyay Bhawan, Lal Kothi, near S.M.S. Stadium, Tonk
Road, Jaipur through it's Commissioner.
4. Commissioner(Cowshed), Jaipur Municipal Corporation,
Pandit Deen Dayal Upadhyay Bhawan, lal kothi, near
S.M.S. Stadium, Tonk Road, Jaipur.
NON PETITIONERS.
DATE OF ORDER : : 20th October, 2016
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
*******
Shri D.K. Bhardwaj)
Shri Kailash Sharma)
Shri Sandeep Bhagwati) for the petitioners.
Shri Shyam Arya, Addl. Advocate General for State. Dr.P.C. Jain) & Smt. Naina Saraf) for respondent-Municipal Corporation Shri R.A. Katta ) & Shri Amit Kuri) for the respondent-JDA ## These writ petitions have been filed by the petitioners, who have been running dairies in the city of Jaipur at different places and were sought to be dislocated from Jaipur pursuant to order passed by the Hon'ble Supreme Court in the case of Jaipur Bhensh Gyai Dugdh Samiti & Others Vs. State of Rajasthan & Others(SLP No. 23637/2007). The dispute in several writ petitions in the past has required the Jaipur Development Authority to consider the case of all such dairy operators for accommodation elsewhere. 7
Earlier the petitioners approached this Court by way of filing writ petitions and vide order dated 13.02.2013, this Court required the petitioners to approach the concerned Deputy Commissioner-13, Jaipur Development Authority, Jaipur by filing representation, who was required to decide their representation.
Learned counsel for the petitioners has submitted that the only reason for which the representations have been rejected by the Deputy Commissioner, Zone-13, Jaipur Development Authority, Jaipur is that on examination of the record it was found that no vacant plots were available for allotment to the petitioners either in Harchandpura Dairy Scheme at Agra Road or Ramlyawala Dairy Scheme at Sikar Road. Learned counsel for the petitioners has referred to the information supplied to one Karamveer Singh Chauhan under Right to Information Act by Deputy Commissioner, Zone 14, Jaipur Development Authority, Jaipur vide letter No. JDA/Zone-14/13/D-3215 dated 23.09.2013(Annexure-11 in S.B. Civil Writ Petition No. 13521/2014) whereby it has been informed that there were total 651 plots in Surajpura Bhatawala Scheme at Tonk Road, out of which 499 plots have been allotted to dairy operators and 152 plots are lying vacant. Learned 8 counsel for the petitioners has also referred to information supplied to one Karamveer by Deputy Commissioner, Zone-13, Jaipur Development Authority, Jaipur vide letter No. JDA/UPA/Zone-13/2013/D-1982 dated 01.10.2013(Annexure-11 in S.B. Civil Writ Petition No. 13521/2014) whereby it is informed that out of total 573 plots in Ramlyawala Dairy Scheme at Sikar Road, 502 plots have been allotted and 71 plots are still lying vacant. Learned counsel for the petitioners has submitted that the representations of the petitioners have thus been rejected without due application of mind and despite availability of plots, grievance of the petitioners has not been redressed.
Mr.R.A. Katta & Mr.Amit Kuri, learned counsel appearing on behalf of the respondent-Jaipur Development Authority has contended that allotments have been made as per the list provided by Jaipur Municipal Corporation and some allotments have been made even after passing of the order dated 22.04.2013, therefore, respondent-Jaipur Development Authority may be granted some time to verify the facts averred by the petitioners.
In the rejoinder, learned counsel for the petitioners has contended that the petitioners have been regularly issued survey receipts by the Jaipur Municipal 9 Corporation and the petitioners have paid the requisite fees also with regard thereto. They are running dairies since long. Number of copies of receipts have placed on record by the petitioners to substantiate the aforesaid contention.
Order dated 22.04.2013 passed by Deputy Commissioner, Zone-13, Jaipur Development Authority, Jaipur indicates that representations of the petitioners have been dismissed on the solitary ground of non- availability of plots in Harchandpura Dairy Scheme at Agra Road, Jaipur as well as Ramlyawala Dairy Scheme at Sikar Road. Deputy Commissioner, Zone 13, Jaipur Development Authority, the same officer who signed the impugned order dated 22.04.2013, has also provided the information to one Karamveer under Right to Information Act vide letter dated 01.10.2013, which is on record as Annexure-11 in S.B. Civil Writ Petition No.13521/2014 whereby it has been informed that there were 573 plots in Ramlyawala Dairy Scheme at Sikar Road, out of which 502 plots were allotted and there are 71 plots lying vacant. Another Deputy Commissioner, Zone 14, Jaipur Development Authority, Jaipur has, with respect to Surajpura Bhatawala Dairy Scheme, Tonk Road, informed that there were 651 plots, out of which 499 plots have 10 been allotted and 152 plots are still lying vacant. It is surprising that when plots were available, how could the respondents cite the reason of non-availability of plots for relocation of dairy operators. More surprising fact is that the Deputy Commissioner, Zone 13, Jaipur Development Authority, Jaipur, who rejected representations vide order dated 22.04.2013, has provided the information in respect of Ramlyawala Dairy Scheme at Sikar Road under Right to Information Act to one Karamveer about availability of 71 vacant plots.
Having regard to the facts aforesaid, the Commissioner, Jaipur Development Authority, Jaipur is directed to examine the grievances of the petitioners and consider their case for relocation/rehabilitation as per their eligibility and entitlement against any vacant plot that may be available whether in Ramlyawala Dairy Scheme at Sikar Road or in Surajpura Bhatawala Dairy Scheme at Tonk Road. It goes without saying that if any of the petitioners has already been allotted any plot in any of the dairy schemes, he/she would not be entitled to second allotment in this behalf. Appropriate order with regard to grievance of the petitioners may be passed by the Commissioner, Jaipur Development Authority now within three months from the date the petitioners 11 approach him along with supporting documents and copy of this order.
With the aforesaid direction, all the writ petitions are disposed of.
All the stay applications also stand disposed of.
Office is directed to place a copy of this order on record of each connected writ petition.
(Mohammad Rafiq),J.
RS/14-20