Rajasthan High Court
Sitaram Sharma Son Of Late Shri ... vs State Of Rajasthan on 2 August, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.4620/2021
Sitaram Sharma Son Of Late Shri Babu Lal Sharma @ Nathu Lal,
Resident Of Pokharka Ki Dhani, Near Pujari Ki Thadi, Village
Morija, Tehsil Chomu, District Jaipur (At Present Resident Of Plot
No. H-67, Akar Marg, Bani Park, Jaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary To
Government, Revenue Department, Government Of Rajasthan,
Government Secretariat, Jaipur (Raj.)
2. Jaipur Development Authority, JLN Marg, Jaipur (Raj.)
through its Secretary.
3. Tehsildar, Sanganer, District Jaipur (Raj.)
----Respondent
For Petitioner(s) : Mr. Ajay Gupta
For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
02/08/2021
The petitioner by way of this writ petition has prayed as
under:-
"It is, therefore, respectfully prayed that Your
Lordships may graciously be pleased to call for the
entire record of the case and after examining the same
allow the present writ petition and -
(I) by an appropriate writ, order or direction or in
nature thereof the impugned mutation dated 3.1.2021
(Annexure-6), passed by the non-petitioners may
kindly be declared null & void and the same may also
kindly be quashed and set aside.
(II) by further appropriate writ, order or direction or in
nature thereof the non-petitioner, Jaipur Development
Authority may kindly be directed to maintain status-
quo and also not to issue any lease deed to anyone
(2 of 3) [CW-4620/2021]
with regard to land Khasra No.1/561, 11, 12, 127/571,
128/572, 13, 14/564, 15/580, 156/573, 158/574,
159/575, 16/566, 22/567, 23/568, 24/569, 6/562, 66,
67, 7, 8/563 and 81 situated at Village Manpur Devri
@ Golyawas, Tehsil Sanganer, District Jaipur.
(III) by further appropriate writ, order or direction or
in nature thereof the non-petitioner no.1 may kindly
be directed to directed to take appropriate disciplinary
action against the Tehsildar, Sanganer who in
violation/flouting the orders/judgments of courts
alienated the land of the petitioner with intention to
oblige the Bhoo Mafia persons.
(IV) any other beneficial order or direction which the
Hon'ble Court deems fit and proper in the facts and
circumstances of the case may also kindly be passed in
favour of the petitioner.
(v) costs of the writ petition may kindly be awarded in
favour of the petitioner."
So far as prayer no.1 is concerned, it relates to the mutation
entered in favour of non-petitioners against which the remedy lies
before the Revenue Court/ JDA Tribunal and as thus, the writ
petition would not be maintainable.
So far as second prayer is concerned, it is noticed that even
earlier this court had not entertained the writ petition filed by one
Sohan Lal Sharma bearing SBCWP No.20085/2019 and had
granted liberty to represent with the authorities. If there is a case
pending before the JDA Tribunal, the petitioner has all the more
remedy to approach the JDA Tribunal/ Revenue Authority and
apprise the JDA Tribunal/ Revenue Authority about all the facts.
However, this court would not be in a position to examine the
factual aspects specially when there is a JDA Tribunal/ Revenue
Authority formed only for this purpose. Any violation being done
by concerned officers can also be examined by the JDA Tribunal/
Revenue Authority.
(3 of 3) [CW-4620/2021]
Allowing the petitioner to approach the JDA Tribunal/
Revenue Authority, this petition is held to be not maintainable and
it is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J
Karan/44
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