Rajasthan High Court - Jodhpur
Mohan Das vs State Of Rajasthan on 4 November, 2020
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8074/2020
Mohan Das S/o Shri Sarju Dasji, Aged About 52 Years, By Caste
Vaishnav, R/o Marole, Tehsil Revdar, District Sirohi.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Revenue, Government Of Rajasthan,
Secretariat, Jaipur.
2. District Collector, Sirohi, District Sirohi.
3. The Sub-Divisional Officer, Reodar, District Sirohi.
4. Tehsildar, Reodar, District Sirohi.
5. Gram Panchayat, Marole, Tehsil Reodar, District Sirohi
Through Its Sarpanch Gram Panchayat, Marole, Tehsil
Reodar, District Sirohi.
----Respondents
For Petitioner(s) : Mr. Richin Surana
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 04/11/2020 This writ petition has been filed on behalf of the petitioner complaining that the respondent authorities are dispossessing the petitioner from the land occupied by him under valid patta/document issued by the concerned authorities, without providing opportunity of hearing to him.
Learned counsel for the petitioner has submitted that the respondents are acting pursuant to the judgment given by this Court in DBCWP No.222/2020 decided on 17.01.2020. It is submitted that the petitioner is having valid title/document in his favour but the respondent-authorities are not providing any (Downloaded on 04/11/2020 at 08:45:16 PM) (2 of 3) [CW-8074/2020] opportunity of hearing to him and are bent upon to dispossess him from the land occupied by him.
Having heard learned counsel for the petitioner, it appears that in DBCWP No.222/2020, the Division Bench of this Court, after taking into consideration the grievance of the petitioners, in that writ petition, that several encroachments on the revenue land comprising of Khasra No.262/1 and 365 at Village Marole, Tehsil Reodar, District Sirohi are existing, has disposed of the writ petition while directing those petitioners to approach the District Collector, Sirohi by filing a detailed representation and further directed the District Collector, Sirohi to examine the grievance of the petitioners and do the needful within a period of three months from the date of filing of the representations.
In the present case, the petitioner is claiming that he is not encroacher and is in possession of the land on the basis of the patta issued by the competent authority and the document which is in his possession.
This Court is of the opinion that even though the Division Bench of this Court in DBCWP No.222/2020 decided on 17.01.2020 has directed the District Collector, Sirohi to look into the complaint of encroachments made on the public land of Khasra Nos.262/1 and 365 at Village Marole, Tehsil Reodar, District Sirohi but this will not lead to the conclusion that the District Collector, Sirohi can pass order of removal of alleged encroachment without taking into consideration the lawful rights of the people, who are in possession of the said land or providing opportunity of hearing to them.
In such circumstances, I deem it appropriate to dispose of this writ petition with liberty to the petitioner to approach the (Downloaded on 04/11/2020 at 08:45:16 PM) (3 of 3) [CW-8074/2020] District Collector, Sirohi and to satisfy him that he is in possession of the land of Khasra Nos.262/1 and 365 at Village Marole, Tehsil Reodar, District Sirohi on the strength of lawful title in his favour.
Needless to say, the District Collector, Sirohi shall consider the claim of the petitioner, if any, submitted before him and thereafter pass necessary order in accordance with law.
Ordered accordingly.
Stay petition is disposed of.
(VIJAY BISHNOI),J 26-Arun/-
(Downloaded on 04/11/2020 at 08:45:16 PM) Powered by TCPDF (www.tcpdf.org)