Gyarsi And Anr vs State Of Raj And Ors
2021 Latest Caselaw 5821 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12248/2018

Gyarsi And Anr
                                                                  ----Petitioner
                                   Versus
State Of Raj And Ors
                                                                ----Respondent

For Petitioner(s) : Mr. Yashodhar Pandey on behalf of Mr. Anil Mehta For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

23/10/2021

Counsel for the petitioner submitted that the issue involved

in this writ petition has already been considered by a Co-ordinate

Bench of this Court in the matter of Sunda Ram Jatawat Vs. State

of Raj and Ors. along with connected matters (S.B.Civil Writs

No.6444/2018) wherein on 22.03.2018 the following order was

passed:-

"All the cases relating to the same impugned order.

Counsel for the petitioner states that this Court vide order dated 18.09.2017 directed the Collector to give an opportunity of hearing and pass orders with regard to land in question. Learned counsel states that the Collector has relied upon report submitted by the SDO Srimadhopur, District Sikar dated 09.03.2018 passed an order on the same date without giving opportunity of hearing to the petitioner.

Learned counsel states that there was no occasion to evict the land which had been allotted to him as landless labourer belongs to Schedule Caste and therefore he falls in the exception

(2 of 2) [CW-12248/2018]

category in terms of judgment, passed by Supreme Court in "Jagpal Singh & Ors. Vs. State of Punjab & Ors." reported in 2011 (11) SCC 396. Issue notice, returnable within three weeks.

Issue notice of the stay application also.

Notices be given "dasti" if desired. In the meanwhile and till further orders, the petitioner shall not be dispossessed from the land which has been allotted to him and the operation and effect of order dated 09.03.2018 shall remain stayed."

In that view of the matter, issue notice to the respondents,

returnable on 08.12.2021.

In the meanwhile, status quo as it exists today shall be

maintained by the parties.

List along with S.B. Civil Writs No.6444/2018.

(INDERJEET SINGH),J

Upendra Pratap Singh /103

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