Rajasthan High Court - Jodhpur
Sikandar Khan vs The State Of Rajasthan on 8 January, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 495/2021
1. Sikandar Khan S/o Shri Ishpak Khan, Aged About
36 Years, By Caste- Muslim, R/o Kayamkhani Bas,
Ward No. 8, Bhadra Hanumangarh, Rajasthan.
2. Sukhdev Singh S/o Achalsingh, Aged About 50
Years, R/o 2Ggm Gogamedi, Tehsil- Nohar, District-
Hanumangarh, Rajasthan.
3. Sharif Khan S/o Fate Mohammed, Aged About 38
Years, R/o Ward No. 1 Bhiari Pura Bass, Bhadra,
District- Hanumangarh, Rajasthan.
4. Mangu Singh S/o Mal Singh, Aged About 42 Years,
R/o 32 Ggm, Gogamedi, Dist- Hanumangarh,
Rajasthan.
5. Aslam S/o Yasin, Aged About 37 Years, R/o Ward
No. 10 Nethrana, 6Ntr, Dist Hanumangarh.
6. Rimajan Khan S/o Fate Mohammed, Aged About 41
Years, R/o 273 K Ward No. 1 Bihari Pura Bass,
Bhadra District Hanumangarh, Rajasthan.
7. Ajit Kumar S/o Mahendra Singh, Aged About 24
Years, R/o Ward No. 2 Kalana Tehsil Bhada, District
Hanumangarh, Rajasthan.
8. Rohtash Kumar S/o Bajrang Lal, Aged About 29
Years, R/o Ward No. 7, 12 Dpn District
Hanumangarh, Rajasthan.
9. Kur Singh S/o Devsi Singh, Aged About 53 Years,
R/o Ward No. 6, 5 Ggm, Dhani Gogamedi, Tehsil
Nohar, Dist- Hanumangarh, Rajasthan.
10. Mohammed Islam S/o Mo. Sakurae, Aged About 31
Years, R/o Ward No. 25 Kutiya Road Bhadra, District
Hanumangarh, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Chief
Administrative Secretary, Devsthan Department,
Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Assistant Commissioner, Devsthan Vibhag,
Hanumangarh.
(2 of 4) [CW-495/2021]
3. The Manager, Devsthan Vibhag, Gogamedi,
Hanumangarh, Rajasthan.
4. The Sub-Divisional Magistrate, Nohar, District-
Hanumangarh, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Vinod Kumar Sihag
(through VC)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
08/01/2021
This writ petition has been filed on behalf of the
petitioners being aggrieved with the order dated
26.11.2020 passed by the Commissioner, Devasthan,
Rajasthan, Udaipur whereby the allotment of the shops to
the petitioners and other shopkeepers in the mela
compound of Gogaji Gogamedi has been extended upto
31.12.2020. The petitioners have also prayed that the
respondents may be restrained from starting new allotment
process of the shop in the said mela compound and to give
them extra time to vacate the shops and the rent for the
period of three months may kindly be returned to the
petitioners.
Brief facts of the case are that the petitioners and
other shopkeepers were allotted land to establish shops for
a period of eleven months in the mela compound of the
Gogaji Gogamedi by the respondent- Devasthan
Department through auction proceedings. After the expiry
of eleven months, the Devsthan Department has issued
notices to the petitioners and other similarly situated
(3 of 4) [CW-495/2021]
shopkeepers for vacating the premises allotted to them.
Some of the shopkeepers have approached this Court by
way of writ petition No.10682/2020 and this Court has
disposed of the said writ petition vide order dated
21.10.2020. The operative portion of the order dated
21.10.2020 reads as under:
"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."
Pursuant to the order passed by this Court, the
Commissioner Devasthan, Udaipur, vide order dated
26.11.2020 has decided that the alltoment of the land to
the shopkeepers for establishing shops be extended upto
31.12.2020. Admittedly, the petitioners and other similarly
(4 of 4) [CW-495/2021]
situated shopkeepers were asked to vacate the premises by
31.12.2020.
The petitioners have now challenged the said order
dated 26.11.2020 passed by the Commissioner, Devasthan
on the ground that as the temple Gogaji Gogamedi has not
been opened till date, some more time may be granted to
them to vacate the premises.
Having heard learned counsel for the petitioners and
after going through the material available on record, this
Court is of the view that considering the direction given by
this Court in its order dated 21.10.2020, the Commissioner,
Devsthan has already extended the allotment of the
petitioners upto 31.12.2020 though the term of the said
allotment expired way back in July/August, 2020, therefore,
I do not find any case for further interference in the matter.
Hence, there is no force in this writ petition and the
same is, therefore, dismissed.
Stay petition also stands dismissed.
(VIJAY BISHNOI),J
43-akash/-
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