HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 660/2021
Tejaram S/o Shri Moolchand, Aged About 68 Years, Senior
Citizen, R/o Village Gajadharpura, Tehsil And District Jaipur.
----Petitioner
Versus
1. M/s Sumer Sons India Private Limited, Registered Office
23/115, Loha Mandi Agra (Utter Pradesh) Through
Authorized Representative Praveen Kumar Jain S/o Shri
Late Ompraksh, R/o 43/238, Jain Gali, Sikandra Agra
(Utter Pradesh).
2. The State Of Rajasthan, Through Tehsildar, Jaipur, District
Jaipur.
3. Jaipur Vikas Pradhikaran, Jaipur Through Secretary
Jawahar Lal Nehru Marg, Jaipur.
----Respondents
For Petitioner(s) : Mr. Siddharth Ranka & Mr. M.Iqbal For Respondent No.1 : Mr. Yogesh Pujari on behalf of Mr. DP Pujari For Respondent No.2 : Mr. Akshay Sharma, AGC For Respondent No.3 : Mr. Azad Ahmed HON'BLE THE CHIEF JUSTICE Order 01/10/2021
1. Mr. Akshay Sharma, AGC has entered appearance on behalf of respondent No.2, therefore, office note regarding service of notice on respondent No.2 stands ignored.
2. Heard learned counsel for the respective parties.
3. Although, a challenge has been made inter alia to an order passed in appeal by the Board of Revenue by which it has dismissed the appeal on 22.12.2020, affirming the judgment and (Downloaded on 04/10/2021 at 11:00:15 PM) (2 of 3) [CW-660/2021] order passed by the learned Divisional Commissioner, Jaipur dated 25.11.2019.
4. The grievance of the present petitioner is that his application for demarcation of the land was carried out by respondent Nos.2 and 3 and although, notices were issued to respondent No.1 to appear on the said date but he could not appear and demarcation proceedings and stone pelting has been laid down. It appears that thereafter, respondent No.1 has filed an appeal challenging the demarcation done in his absence. The said order was ultimately set aside and against the order of setting aside the demarcation, the present writ petition has come to be filed.
5. This court is of the considered view that such attempt of litigation arising from a simple application for demarcation has travelled to multiple forums and wasting of so much judicial time at various courts. This is a fair case where valuable judicial time of various statutory authorities as well as this court has been utilized for the purpose of challenges on a simple issue of demarcation.
6. Accordingly, while setting aside the impugned order, this court directs respondent Nos.2 and 3 to conduct a fresh demarcation of the land in question on 08.11.2021 (Monday) at 11.00 A.M. and respondent Nos.2 and 3 shall pass necessary directions to the Officers concerned to do the needful. The petitioner herein as well as respondent No.1 shall be present in person and the demarcation shall be done in their presence. It is made clear that no further notice either to the petitioner or to respondent No.1 in this regard shall be issued. However, if demarcation requires some further time, it shall be open to respondent Nos.2 and 3 to carry out the directions contained therein on the next date or the date fixed thereafter. (Downloaded on 04/10/2021 at 11:00:15 PM)
(3 of 3) [CW-660/2021]
7. Necessary assistance shall also be required from the
concerned Superintendent of Police for this purpose.
8. Accordingly, the writ petition stands disposed of.
(INDRAJIT MAHANTY),CJ N. Gandhi/JKP-s/93 (Downloaded on 04/10/2021 at 11:00:15 PM) Powered by TCPDF (www.tcpdf.org)