Rajasthan High Court
Ramkuwar Choudhary S/O Sh. ... vs State Of Rajasthan on 14 June, 2021
Bench: Manoj Kumar )
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6479/2021
1. Ramkuwar Choudhary S/o Sh. Champalal Choudhary,
Aged About 52 Years, Resident Of 94, Jaton Ka Mohalla,
Shergarh, Tehsil- Masuda, District-Ajmer.
2. Panna S/o Sh. Gokal Jat, Aged About 48 Years, Resident
Of 73, Jaton Ka Mohalla, Shergarh, Tehsil-Masuda,
District-Ajmer.
3. Kishan Lal S/o Sh. Narayan Lal, Aged About 40 Years,
Resident of Village Shergarh, Tehsil-Masuda, District-
Ajmer.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Revenue, Government Of Rajasthan,
Secretariat, Jaipur.
2. The District Collector, Ajmer.
3. The Sub Divisonal Magistrate-Masuda, District Ajmer.
4. The Block Development Officer, Panchayat Samiti-
Masuda, District Ajmer.
5. The Sarpanch, Gram Panchayat- Shergarh, Panchayat
Samiti- Masuda, District Ajmer.
----Respondents
For Petitioner(s) : Mr. Sandeep Singh Shekhawat
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS ( V.J. )
Judgment / Order
14/06/2021
This writ petition has been filed under Article 226 of the
Constitution of India.
It has been submitted on behalf of the petitioners that they
are permanent residents of Village-Shergarh, Tehsil-Masuda,
District-Ajmer and residing for last 40 years in their constructed
(2 of 3) [CW-6479/2021]
houses along with their family members. The construction is
within the "Aabadi Area". They have their Ration Cards and other
identities issued by Competent Authorities which clearly
establishes that the petitioners have been residing on the
aforesaid areas for last so many years. They have also procured
electricity connection. The Sarpanch of the Village-Shergarh has
issued the impugned notice dated 03.06.2021 (Annexure-3),
wherein, it has been stated that the petitioners have encroached
from the "Aabadi Land" and the same has caused obstructions in
the public way.
It has been submitted that petitioners are not encroachers
and they have valid documents relating to their ownership. Hence,
the writ petition has been filed with the prayer that notice dated
03.06.2021 issued by the respondents may be set aside and
respondents be directed not to demolish the houses of the
petitioners. Learned counsel for petitioners has relied upon the
judgment of this Court in D.B. Civil Writ Petition (PIL)
No.10819/2018, Jagdish Prasad Meena & Ors. Vs. State of
Rajasthan & Ors.
Heard learned counsel for the petitioners as well as perused
the record available on file.
A perusal of the notice dated 03.06.2021 (Annexure-3)
reveals that Gram Panchayat-Shergarh has issued a notice
alleging that the petitioners have illegally encroached upon the
public way. Hence, they have been given an opportunity to show
any documents if they have in their possession otherwise
directions have been issued to remove the encroachments within
seven days.
(3 of 3) [CW-6479/2021]
It is a case where the submissions of plaintiff is that they are
not encroachers. They are legal occupants of the place while as
per the notice issued by the Gram Panchayat, the allegation is that
the petitioners have illegally encroached upon the public way.
Thus, the matter involves disputed questions of fact which cannot
be gone into in exercise of extra-ordinary powers of this Court
under Article 226 of the Constitution of India.
Hence, no case is made out for interference.
Dismissed.
(MANOJ KUMAR VYAS ( V.J.),J
Sunita Kanwar /40
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