Parma Nand Kumawat vs State Of Rajasthan
2021 Latest Caselaw 10760 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition (PIL) No. 5353/2019

1. Parma Nand Kumawat S/o Shri Kanhaiya Lal Kumawat, Aged About 70 Years, R/o 35B Ward No. 8, Gandhipuri, Sahapura, District Bhilwara, Rajasthan.

2. Gopi Lal Regar S/o Shri Arjun Lal Regar, Aged About 74 Years, R/o Regar Mohhala, Tehnal Gate, Sahapura, District Bhilwara, Rajasthan.

3. Ram Prashad Pareek S/o Shri Banshi Lal Pareek,, Aged About 61 Years, R/o 4033, Gandhipuri, Sahapura, Sahapura, District Bhilwara, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Chief Secretary, Government Of Rajasthan, Jaipur, Rajasthan.

2. Principal Secretary, Revenue Department Government Of Rajasthan, Jaipur, Rajasthan.

3. Commissioner, Land Settlement, Department Of Land Settlement, Jaipur.

4. District Collector Bhilwara, District Bhilwara, Rajasthan.

5. Sub Divisional Officer, Tehsil Shahpura, District Bhilwara, Rajasthan.

6. Tehsildar Sahapura, District Bhilwara, Rajasthan.

7. Director, Secondary Education, Bikaner.

8. Executive Officer, Municipal Board, Shahpura.

9. M/s Maniyar Industries, Sahapura, Through Its Partner Narsingh Das R/o Naya Bazar, Gali No. 2, Sahapura, District Bhilwara.

10. Shri Narsingh Das S/o Shri Chand Ram, R/o Naya Bazar, Gali No. 2, Sahapura, District Bhilwara.

11. Shri Rajesh S/o Shri Mohan Lal Manihar, R/o Naya Bazar, Gali No. 2, Sahapura, District Bhilwara.

12. Shri Anil S/o Shri Mohan Lal Manihar, R/o Naya Bazar, Gali No. 2, Sahapura, District Bhilwara.

13. Shri Rajendra S/o Shri Mohan Lal Manihar, R/o Naya Bazar, Gali No. 2, Sahapura, District Bhilwara.

14. Shrimati Pushpa Devi W/o Shri Narsingh Das, R/o Naya

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Bazar, Gali No. 2, Sahapura, District Bhilwara.

15. Shri Kamal S/o Shri Mahaveer Prashad Manihar, R/o Naya Bazar, Gali No. 2, Sahapura, District Bhilwara.

16. Shri Amit S/o Shri Mahaveer Prashad Manihar, R/o Naya Bazar, Gali No. 2, Sahapura, District Bhilwara.

17. Shri Yogesh S/o Shri Mahaveer Prashad Manihar, R/o Naya Bazar, Gali No. 2, Sahapura, District Bhilwara.

----Respondents

For Petitioner(s) : Mr. Rajendra Singh Shekhawat, Advocate For Respondent(s) : Ms. Rekha Borana, Additional Advocate General Mr. Manish Shishodia, Advocate

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

14/07/2021

Petitioners have filed the petition under Article 226 of the

Constitution of India by way of Public Interest Litigation seeking

following reliefs:-

"A. By an appropriate writ order or direction, any order of allotment of land bearing Khasra No. 2322 to the private respondent may kindly be quashed and set aside.

B. By an appropriate writ, order or direction the respondents may kindly be directed to remove the encroachment being done on the land bearing Khasra No. 2322 and also directed the respondent authorities to not to allot the same to any person without adopting proper process of the law.

C. By an appropriate writ, order or direction the respondents may kindly be directed to not to

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convert the land usage of land bearing Khasra No. 2322 for any other purposes and conversion orders if passed then the same may kindly be quashed and set aside.

D. By an appropriate writ, order or direction the respondents may kindly be directed to not to raise any construction on the land in question and if made than the same may be ordered to be demolished and the land be made free from all encumbrances.

E. By an appropriate writ, order or direction the respondents may kindly be directed to remove the encroachment from the land of the school and hand over the possession of the same to the school and they further be directed to raise the boundary wall to protect the same from any further encroachment.

F. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.

G. Writ petition filed by the petitioners may kindly be allowed with costs."

Learned counsel for the petitioners has submitted that the

petitioners are the members of the School Management and

Development Committee and are working for the welfare of the

School. The private respondents have encroached upon the land

allotted to the School.

Learned State counsel has opposed the petition and has

submitted that the School is being run by the State. The School is

already in possession of 15 bighas of the land allotted to it.

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Learned counsel for the private respondents has submitted

that so far as the Company is concerned, it has not trespassed

over the School property.

In the reply submitted by the State, it has been averred as

under:-

"1. At the outset, the answering respondents submit herewith a date-wise synopsis pertaining to the land in question for the clarity of facts;

- A land measuring 38 bighas was allotted by the erstwhile ruler for establishment of a Cotton Ginning factory as Shahpura, Bhilwara.

07.02.1956: 15 Bighas out of the above 38 bighas ordered to be allotted to Darbar Multipurpose Higher Secondary School by the Collector, Bhilwara. In pursuance thereof, possession of 15 bighas of land handed over to School.

Yr 1957-58: Land of the Cotton Ginning Factory purchased by M/s Multipurpose Cooperative Society in auction proceedings for an amount of Rs. 52,500/-

- The Multipurpose Cooperative Society failed to make the complete payment of the sale amount and proceedings under the Public Demands Recovery Act were initiated against it. Ultimately the factory was again put to auction for sale in Year 1964.

23.09.1964: Shree Krishna Cotton Ginning and Pressing Factory, Bhilwara being the highest bidder, the auction was sanctioned in its favor. Yr 1967: Shree Krishna Cotton Ginning and Pressing Factory, Bhilwara sold the land to M/s Manihar Industries (respondent no. 9) vide registered sale deed.

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- There always remained a dispute between the School and the Company pertaining to the possession of the land. The Company claimed that the School has trespassed on land more than 15 bighas whereas the School claimed that the Company has trespassed on the land more than 23 bighas 5 biswas. Pertaining to the dispute several proceedings before the revenue courts had been initiated on behalf of both the private parties and some are pending adjudication till date.

- The present PIL is nothing more than a private interest litigation agitating the same private disputes and reliefs."

Thus, from the reply submitted by the State, it is evident

that there is a dispute between the School and the Company

pertaining to possession of land. The Company claims that the

School has trespassed on land more than 15 bighas, whereas, the

claim of the School is that the Company has trespassed over the

land more than 23 bighas 5 biswas. In this regard, litigation is

pending between the parties before the revenue courts.

In these circumstances, since the parties have already

agitated their grievances before the revenue courts, no ground is

made out for interference by this Court while exercising

extraordinary jurisdiction under Article 226 of the Constitution of

India.

Petition stands disposed of accordingly.

(VINIT KUMAR MATHUR),J (SABINA),J 16-AnilS/VivekM/-

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