Rajasthan High Court - Jodhpur
Sattar Khan vs State Of Rajasthan on 22 February, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1455/2021
1. Sattar Khan S/o Goram Khan, Aged About 60 Years, By
Caste Musalman, R/o Mandau, Tehsil And District
Jaisalmer (Raj.).
2. Sakur Khan S/o Kada Khan, Aged About 45 Years, By
Caste Musalman, R/o Mandau, Tehsil And District
Jaisalmer (Raj.).
3. Madine Khan S/o Kadar Khan, Aged About 44 Years, By
Caste Musalman, R/o Mandau, Tehsil And District
Jaisalmer (Raj.).
4. Fatma D/o Kadar Khan, Aged About 44 Years, By Caste
Musalman, R/o Mandau, Tehsil And District Jaisalmer
(Raj.).
5. Bilawal Khan S/o Kadar Khan, Aged About 40 Years, By
Caste Musalman, R/o Mandau, Tehsil And District
Jaisalmer (Raj.).
6. Hanif Khan S/o Kadar Khan, Aged About 38 Years, By
Caste Musalman, R/o Mandau, Tehsil And District
Jaisalmer (Raj.).
7. Pathan Khan S/o Kadar Khan, Aged About 36 Years, By
Caste Musalman, R/o Mandau, Tehsil And District
Jaisalmer (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Colonization
Departent, Secretariat, Rajasthan, Jaipur.
2. Commissioner (Colonization), Bikaner.
3. Assistant Commissioner (Colonization) Mohangarh,
District Jaisalmer.
4. Tehsildar (Colonization) Mohangarh No-2, District
Jaisalmer.
----Respondents
For Petitioner(s) : Mr. AR Godara
For Respondent(s) :
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(2 of 3) [CW-1455/2021]
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Learned counsel for the petitioner submits that similarly
situated persons were granted following order in the matter of
Ramesh Singh & Ors. Vs. State of Rajasthan & Ors (S.B.
Civil Writ Petition No.978/2021), decided on 18.01.2021.
"Heard learned counsel for the petitioners. Perused
the material available on record.
The petitioners claim to be in possession of a chunk
of agricultural land in the village Mohangarh, District
Jaisalmer through their ancestors, who were allegedly
cultivating the land even before the enactment of the
Rajasthan Land Revenue Act,1956. The petitioners
received a notice under Section 22 of the Rajasthan
Colonization Act treating them to be trespassers over the
said chunk of land. They filed a suit for declaration under
Sections 88, 188 read with Section 15 of the Rajasthan
Tenancy Act; and Sections 125 and 136 of the Land
Revenue Act seeking a direction for declaration of their
rights on the land in question. Alongwith the suit, they
also filed an application for injunction under Section 212
of the Rajasthan Tenancy Act read with Section151 C.P.C.
A grievance is raised by the petitioners that on the
one hand, the Assistant Commissioner (Colonization),
Mohangarh, District Jaisalmer is sitting tight over the
petitioners' suit and the injunction application and at the
same time, the respondent authorities are bent upon to
dispossess the petitioners from the land in question on
which, they claimed entitlement by virtue of old
possession.
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(3 of 3) [CW-1455/2021]
Having regard to the peculiar facts and
circumstances of the case, the Assistant Commissioner
(Colonization), Mohangarh, before whom, the suit as well
as injunction application of the petitioners are pending, is
directed to expedite the proceedings of the suit and
injunction application and shall try to conclude the same
within a period of one year from the date of submission of
copy of this order. Till the petitioners' suit and injunction
application are decided, they shall not be dispossessed
from the land in question.
The writ petition as well as stay application are
disposed of in these terms."
In light of the aforequoted judgment, the present writ
petition is disposed of in the same terms. Stay petition as well as
all pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J.
22-Sudheer/-
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