Anil Kumar vs The State Of Rajasthan
2021 Latest Caselaw 16240 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 100/2020

1. Anil Kumar S/o Shri Mangal Chand Jain, Aged About 50 Years, By Caste Jain, R/o Near Jain Mandir, Raipur, Tehsil Raipur District Pali.

2. Taradevi W/o Shri Bhanwar Lal Jain, Aged About 70 Years, By Caste Jain, R/o Near Jain Mandir, Raipur, Tehsil Raipur District Pali.

----Appellants Versus

1. The State of Rajasthan, through the Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Jaipur.

2. The District Collector, Pali.

3. The Sub-Divisional Officer, Raipur, Dist. Pali.

4. The Tehsildar, Raipur, Dist. Pali.

5. Sarpanch, Gram Panchayat, Raipur, Dist. Pali.

6. Chainaram, Sarpanch, Gram Panchayat, Raipur, Dist. Pali.

                                                                   ----Respondents


For Appellant(s)             :    Mr. M.S. Purohit
For Respondent(s)            :    ---

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

26/10/2021

This appeal is directed against the judgment dated

31.10.2019 passed by the learned Single Judge in S.B. Civil Writ

Petition No.16543/2019.

The prayers, which have been made by the appellants-

petitioners in the writ petition, were virtually to restrain the

respondent Sarpanch from interfering in the endeavour of the

(2 of 2) [SAW-100/2020]

appellants-petitioners to use the land for commercial purpose

despite the appropriate order of conversion. The learned Single

Judge found that the averments made in the writ petition were

vague and based upon mere apprehensions and the same involved

purely disputed questions of facts.

Having heard learned counsel for the appellants and having

perused the documents on record, we are of the view that the

prayers, which were made in the writ petition, could have been

ventilated by filing a civil suit. In any event, the facts as asserted

by the writ petitioners in the writ petition did not warrant exercise

of extraordinary writ jurisdiction under Article 226 of the

Constitution of India.

Hence, we find no merit in this appeal and the same is

dismissed.

(SANDEEP MEHTA),J (AKIL KURESHI),CJ

2-MohitTak/-

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