Jagdish S/O Shri Banshidhar vs The State Of Rajasthan
2022 Latest Caselaw 2805 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         D.B. Civil Miscellaneous Application No. 56/2022
                                        In
                D.B. Civil Writ Petition No.13453/2021
Jagdish S/o Shri Banshidhar, Aged About 32 Years, Resident Of
Ward No. 8, Mehara Gujarwas, Nangaliya Gujarwas, Tehsil
Khetri, District Jhunjhunu (Raj.)
                                                                    ----Petitioner
                                    Versus
1.     The State Of Rajasthan, Through The Chief Secretary,
       Government Secretariat, Rajasthan, Jaipur.
2.     The District Collector, Jhunjhunu.
3.     The Sub Divisional Officer, Khetri, District Jhunjhunu
       (Raj.)
4.     Tehsildar, Tehsil Khetri, District Jhunjhunu (Raj.).
5.     Sarpanch, Gram Panchayat Nangaliya Gujarwas, Tehsil
       Khetri, District Jhunjhunu (Raj.)
6.     Ramkumar S/o Hanuman, Resident Of Village Mehada
       Gujarwas, Tehsil Khetri, District Jhunjhunu.
7.     Mangal Ram S/o Hanuman, Resident Of Village Mehada
       Gujarwas, Tehsil Khetri, District Jhunjhunu. (Deceased)
       Through His Legal Representatives -
7/1    Sharda Devi, D/o Late Shri Mangal Ram
7/2    Pooran Mal, S/o Late Shri Mangal Ram
7/3    Vikas Kumar S/o Late Shri Mangal Ram, All R/o Village
       Mehada Gujarwas, Tehsil Khetri, Distt. Jhunjhunu.
8.     Ghogdi Devi W/o Jhabla Ram, Resident Of Village Mehada
       Gujarwas, Tehsil Khetri, District Jhunjhunu.
9.     Mohan Lal S/o Jhabla Ram, Resident Of Village Mehada
       Gujarwas, Tehsil Khetri, District Jhunjhunu.
10.    Hansh Raj S/o Jhabla Ram, Resident Of Village Mehada
       Gujarwas, Tehsil Khetri, District Jhunjhunu.
                                                                 ----Respondents

For Petitioner(s) : Mr. A.K. Bhandari, Senior Advocate with Mr. Bhrigu Sharma Advocate.

(2 of 3) [WMAP-56/2022]

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BIRENDRA KUMAR

Judgment / Order

01/04/2022

Heard.

This application for recalling of the order dated 13.01.2022

has been made on the ground that this Court disposed off the writ

petition with a direction to examine the complaints of

encroachment in the light of the order passed in this case of

Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors.,

D.B. Civil Writ Petition (PIL) No.10819/2018. The grievance

of the applicants herein is that the competent authority proceeded

to pass an order without affording an opportunity of hearing to the

applicants herein/private respondents in the writ petition.

The order of this Court was only with regard to examination

of the complaints in the light of the judgment of this Court in the

Case of Jagdish Prasad Meena (supra). It goes without saying

that whenever some proceedings are to be initiated and several

consequences have to ensue, the affected persons have to be

afforded an opportunity of hearing.

It is neither expressly nor impliedly stated in the order dated

13.01.2022 that even without giving an opportunity of hearing,

the order of eviction could be passed.

If the applicants' grievance is that eviction order has been

passed without affording an opportunity of hearing, the applicants

remedy lies in taking appropriate remedy against the order of

eviction on such grounds that may be available to them under the

law including the grounds that they were not afforded any

opportunity of hearing.

(3 of 3) [WMAP-56/2022]

The order of this Court will not come in the way of the

applicants, taking appropriate remedy against the eviction order.

Subject to aforesaid observations, we do not find any ground

to recall the order dated 13.01.2022.

Accordingly, the application is, therefore, rejected.

(BIRENDRA KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Sanjay Kumawat-3

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