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Rajasthan High Court - Jaipur

Roshan Lal Saini And Anr vs State Of Raj And Ors on 29 November, 2016

Author: M.N. Bhandari

Bench: M.N. Bhandari

    IN THE HIGH COURT OF JUDICATURE FOR
                 RAJASTHAN

                BENCH AT JAIPUR
       S.B.CIVIL WRITS NO. 16157 / 2016
1. Roshan Lal Saini S/o Late Shri Kishan Lal Saini,
Aged     About      45     Years,    Address:

2. Bhagwat Saini S/o Late Shri Kishan Lal Saini, Aged
About 56 Years, Address: Both Resident of Village
Bhakheda,     Tehsil     Alwar      District    Alwar



                                     ----Petitioners
                      Versus
1. State of Rajasthan Through District Collector,
Address:                                   Alwar

2. State of Rajasthan Through Tehsildar, Address:
Alwar

3. Executive Engineer, Public Works Department,
Address:     Building    &      Road,     Alwar

4. Smt. Gomati Devi W/o Madan Mohan Batwada,
Address:

5. Lalit Mohan S/o Madan Mohan Batwada, Address:

6. Jagmohan S/o Madan Mohan Batwada, Address:

7. Smt. Prakash Devi D/o Madam Nohan Batwada,
Address:

8. Manmohan Batwada S/o Madan Mohan Batwada,
Address:

9. Smt. Uma Devi S/o Madan Mohan Batwada,
Address:

10. Kailash   Chand   Batwada S/o     Madan   Mohan
Batwada,                  Address:

11. Radhey    Mohan   Batwada S/o     Madan   Mohan
Batwada,                  Address:

12. Smt. Prabhat Devi D/o Madan Mohan Batwada,
Address: All by Caste Mahanan R/o Mohalla Batwada
Bhawan         Mohalla      Kallupada,       Alwar
                           (2 of 3)
                                              [CW-16157/2016]
13. Vishan Lal S/o Late Shri Kishan Lal, by Caste Mali,
Address: Village Bhankheda Kangal Ahata, Tehsil &
District                 Alwar                   (Raj.)

14. Smt. Soma Devi W/o Mange Lal D/o Late Shri
Kishan Lal by Caste Mali, Address: Village Umren,
Tehsil         &           District         Alwar

15. Ramlal S/o Mohan Lal by Caste Mali, Address:
Village Bhankheda Kangal Ahata, Tehsil & District
Alwar                                     (Raj.)



                                      ----Respondents

__________________________________________ For Petitioners : Mr. Raj Kumar Sharma For Respondents : Mr. Dharmendra Pareek, AGC Ms. Shubham Chaudhary, SDM, Alwar (Addl.Charge:ACEM,Alwar) __________________________________________ HON'BLE MR. JUSTICE M.N. BHANDARI Judgment / Order 29/11/2016 The writ petition has been filed to seek a direction for disposal of the revenue suit preferred by the petitioner in the year 1991. The Coordinate Bench of this court called for the Assistant District Collector, Alwar to explain about delay. An additional affidavit has been filed to explain why delay has occurred in the matter.

The additional affidavit shows dismissal of the suit in default and thereupon restoration after lapse of (3 of 3) [CW-16157/2016] seven years i.e. in the year 2009. The suit got adjourned from time to time at the instance of the petitioner. It is however stated that now the suit would be decided at the earliest but for which, the petitioner may be directed to lead evidence at the earliest.

In view of limited prayer made by the petitioner, this writ petition is disposed of with a direction to the Assistant District Collector, Alwar to decide the pending suit at the earliest and preferably within a period of six months. The petitioner is directed to lead evidence on the next date. The delay in disposal of the suit cannot be appreciated, rather, the Government should re-visit the provisions for adjudication of revenue suits by the administrative officers as they need to discharge the judicial as well as administrative functions and thereby it causes huge delay in disposal of the revenue cases at the level of SDO or ACM.

(M.N. BHANDARI)J. FRBOHRA