Rajasthan High Court - Jodhpur
Bhagirath vs The State Of Rajasthan on 21 October, 2020
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10682/2020
1. Bhagirath S/o Shri Manphool Singh, Aged About 50 Years,
Resident Of Karanpura (Dhani Vishnoyan), Tehsil Bhadra,
District Hanumangarh (Raj.).
2. Pawan Swami S/o Shri Bhagirath Swami, Aged About 38
Years, Resident Of Chakk 7 Msr (Sardargadiya), Tehsil
Bhadra, District Hanumangarh (Raj.).
3. Prathvidas S/o Shri Hardeva Ram, Aged About 59 Years,
Resident Of Parlika, Tehsil Nohar, District Hanumangarh
(Raj.).
----Petitioners
Versus
1. The State Of Rajasthan, Through Chief Administrative
Secretary, Devsthan Department, Government Of
Rajasthan, Secretariat, Jaipur (Raj.).
2. The Commissioner, Devasthan Department, Udaipur
(Raj.).
3. The Manager, Devasthan Department, Gogamedi, Tehsil
Nohar, District Hanumangarh (Raj.).
----Respondents
For Petitioner(s) : Mr. Ashvini Swami (through VC)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 21/10/2020 This writ petition has been filed by the petitioners being aggrieved with the action of the respondent - Devasthan Department of issuing notices for vacating the premises allotted to them for a period of 11 months running from 12.9.2019 to 11.8.2020 for establishing shops in the mela compound of Gogaji Gogamedi.
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(2 of 3) [CW-10682/2020] The case of the petitioners is that the petitioners were allotted the lands to establish shop Nos.3, 7 and 12 for a period of 11 months running from 12.9.2019 to 11.8.2020 in the mela compound of Gogaji Gogamedi by the respondent Devsthan Department through auction proceedings. It is claimed by the petitioners that since they were the highest bidders in the auction proceedings, the lands in the mela compound of Gogagi Gogamedi were allotted to them to establish their shops. It is also contended by the petitioners that since in the last week of March, 2020, due to pandemic situation, lock-down was imposed and the Mataji Ka Mandir situated in the mela compound of Gogaji Gogamedi was closed and no devotees were allowed to visit the temple, they have failed to earn anything from the shops where they used to sell toys and 'prashad' to the devotees.
It is contended on behalf of the petitioners that the petitioners had invested huge amount and deposited lakhs of rupees with the respondent - Devasthan Department, however, during the 11 months period, for which, the land was auctioned in their favour for establishing shops in the mela compound of Gogaji Gogamedi, almost during three to four months, there was no income due to lock-down because of current pandemic, they requested the Devasthan Department either to refund their deposit or to allow them to continue their business on the land allotted to them for quite more months, but the respondents had not taken any heed to their request and are bent upon to forcibly evict the petitioners from the said land.
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(3 of 3) [CW-10682/2020] Having heard learned counsel for the petitioners and after going through the material available on record, this Court is of the opinion that the respondents are required to consider the request of the petitioners either to refund their deposited amount or to allow them to continue their business for quite more months because it is an admitted position that on account of lock-down period in the entire country and due to ongoing pandemic situation, the business of the petitioners is seriously affected.
In such circumstances, this writ petition is disposed of with a direction to the competent authority of the Devasthan Department to consider the request of the petitioners either to refund the amount deposited by them pursuant to the auction proceedings or to extend their allotment for few more months.
The respondent - Devasthan Department shall take decision in this matter within a period of four weeks from the date of production of certified copy of this order. It is also directed that till any final decision is taken by the respondent
- Devasthan Department in the matter, the shopkeepers, to whom the lands were allotted by the Devasthan Department to establish shops for a period of 11 months in the mela compound of Gogaji Gogamedi shall not be evicted.
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