HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Miscellaneous Application No. 56/2022
In
D.B. Civil Writ Petition No.13453/2021
Jagdish S/o Shri Banshidhar, Aged About 32 Years, Resident Of
Ward No. 8, Mehara Gujarwas, Nangaliya Gujarwas, Tehsil
Khetri, District Jhunjhunu (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through The Chief Secretary,
Government Secretariat, Rajasthan, Jaipur.
2. The District Collector, Jhunjhunu.
3. The Sub Divisional Officer, Khetri, District Jhunjhunu
(Raj.)
4. Tehsildar, Tehsil Khetri, District Jhunjhunu (Raj.).
5. Sarpanch, Gram Panchayat Nangaliya Gujarwas, Tehsil
Khetri, District Jhunjhunu (Raj.)
6. Ramkumar S/o Hanuman, Resident Of Village Mehada
Gujarwas, Tehsil Khetri, District Jhunjhunu.
7. Mangal Ram S/o Hanuman, Resident Of Village Mehada
Gujarwas, Tehsil Khetri, District Jhunjhunu. (Deceased)
Through His Legal Representatives -
7/1 Sharda Devi, D/o Late Shri Mangal Ram
7/2 Pooran Mal, S/o Late Shri Mangal Ram
7/3 Vikas Kumar S/o Late Shri Mangal Ram, All R/o Village
Mehada Gujarwas, Tehsil Khetri, Distt. Jhunjhunu.
8. Ghogdi Devi W/o Jhabla Ram, Resident Of Village Mehada
Gujarwas, Tehsil Khetri, District Jhunjhunu.
9. Mohan Lal S/o Jhabla Ram, Resident Of Village Mehada
Gujarwas, Tehsil Khetri, District Jhunjhunu.
10. Hansh Raj S/o Jhabla Ram, Resident Of Village Mehada
Gujarwas, Tehsil Khetri, District Jhunjhunu.
----Respondents
For Petitioner(s) : Mr. A.K. Bhandari, Senior Advocate with Mr. Bhrigu Sharma Advocate.
(Downloaded on 05/04/2022 at 09:14:32 PM)
(2 of 3) [WMAP-56/2022] HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BIRENDRA KUMAR Judgment / Order 01/04/2022 Heard.
This application for recalling of the order dated 13.01.2022 has been made on the ground that this Court disposed off the writ petition with a direction to examine the complaints of encroachment in the light of the order passed in this case of Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No.10819/2018. The grievance of the applicants herein is that the competent authority proceeded to pass an order without affording an opportunity of hearing to the applicants herein/private respondents in the writ petition.
The order of this Court was only with regard to examination of the complaints in the light of the judgment of this Court in the Case of Jagdish Prasad Meena (supra). It goes without saying that whenever some proceedings are to be initiated and several consequences have to ensue, the affected persons have to be afforded an opportunity of hearing.
It is neither expressly nor impliedly stated in the order dated 13.01.2022 that even without giving an opportunity of hearing, the order of eviction could be passed.
If the applicants' grievance is that eviction order has been passed without affording an opportunity of hearing, the applicants remedy lies in taking appropriate remedy against the order of eviction on such grounds that may be available to them under the law including the grounds that they were not afforded any opportunity of hearing.
(Downloaded on 05/04/2022 at 09:14:32 PM)
(3 of 3) [WMAP-56/2022] The order of this Court will not come in the way of the applicants, taking appropriate remedy against the eviction order.
Subject to aforesaid observations, we do not find any ground to recall the order dated 13.01.2022.
Accordingly, the application is, therefore, rejected. (BIRENDRA KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ Sanjay Kumawat-3 (Downloaded on 05/04/2022 at 09:14:32 PM) Powered by TCPDF (www.tcpdf.org)