Het Ram vs The State Of Rajasthan
2022 Latest Caselaw 10200 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 11084/2022

1. Het Ram S/o Dalu Ram Jat, Aged About 52 Years, Resident Of Ward No. 17, Abhaysinghpura, Ridi Tehsil Sri Dungargarh District Bikaner.

2. Rajendra Kumar S/o Mohan Ram Jat, Aged About 34 Years, Resident Of Ward No. 16, Abhaysinghpura, Ridi Tehsil Sri Dungargarh District Bikaner.

3. Bhagwan Nath S/o Jaisnath Sidh, Aged About 50 Years, Resident Of Ward No. 17, Abhaysinghpura, Ridi Tehsil Sri Dungargarh District Bikaner.

4. Keshra Ram S/o Ladhu Ram Jat, Aged About 64 Years, Resident Of Ward No. 17, Abhaysinghpura, Ridi Tehsil Sri Dungargarh District Bikaner.

5. Raja Ram S/o Mala Ram Jat, Aged About 30 Years, Resident Of Ward No. 16, Abhaysinghpura, Ridi Tehsil Sri Dungargarh District Bikaner.

6. Santoshnath S/o Budhnath Sidh, Aged About 56 Years, Resident Of Ward No. 17, Abhaysinghpura, Ridi Tehsil Sri Dungargarh District Bikaner.

----Petitioners Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

2. The Secretary, Public Works Department, Rajasthan, Jaipur.

3. The District Collector, Bikaner.

4. Sub Divisional Officer, Sri Dungargarh District Bikaner

5. Tehsildar, Sri Dungargarh District Bikaner.

6. Addl. Chief Engineer, PWD Zone, Bikaner.

7. Superintending Engineer, Public Works Department, Circle Bikaner.

8. Executive Engineer, PWD Division-II, Bikaner.

9. Asstt. Engineer, PWD District Sub Division-II Sri Dungargarh District Bikaner.

(2 of 3) [CW-11084/2022]

10. Patwari, Patwar Halka Jaisalsar Tehsil Sri Dungargarh District Bikaner.

11. Lachhi Ram S/o Shri Heera Ram, By Caste Jat, Resident Of Village Jaisalsar, Tehsil Sri Dungargarh District Bikaner.

12. Kaushal Kanwar W/o Shri Sawai Singh, By Caste Rajput, Resident Of Village Jaisalsar, Tehsil Sri Dungargarh District Bikaner.

13. Lichhma Kanwar W/o Late Arjun Singh, By Caste Rajput, Resident Of Village Jaisalsar, Tehsil Sri Dungargarh District Bikaner.

14. M/s Mohan Lal Construction Co., Vpo Khiyara, Tehsil Loonkaransar District Bikaner.

----Respondents

For Petitioner(s) : Mr. R.S. Choudjhary.

For Respondent(s) : --

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment / Order

04/08/2022

Heard.

The petition has been filed for following reliefs:

(a) by an appropriate writ, order or direction the respondents authorities as well as contractor may kindly be direct to construct the bitumen road on Khasra no.710/531, 551, 554 as per the map (Ann.1).

(b) The respondents may kindly be directed to not shift the road over the border line of the land of Khasra No.710/531, 551, 554.

(c) The respondent Tehsildar and the contractor may kindly be directed to complete the construction of the road as per the revenue record in which the land has been kept reserve for gairmumkin rasta.

(d) Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favor of the petitioner.

(e) Writ petition filed by the petitioner may kindly be allowed with costs.

(3 of 3) [CW-11084/2022]

The contents of the petition show that there was a dispute

with regard to title and ownership of the land between the State

authorities, private respondents and some other persons.

We also find that a suit was earlier filed in which certain

orders have been passed by the Civil court.

The issue requires adjudication of the disputed questions of

facts, which cannot be gone into in the writ petition merely

because it happens to be a PIL. It is for the Government

authorities concerned to construct the road according to the own

plan and map. If any person has grievance with regard to the

construction of road, it is for such person to take appropriate

remedy under the law. At the instance of the petitioners, we are

not inclined to issue any direction with regard to construction of

the road on a particular alignment while ignoring the rival claims

of the parties concerned.

The petition is disposed off. However, the petitioners shall be

at liberty to approach the appropriate authority.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),ACJ

6-a.asopa/-

Powered by TCPDF (www.tcpdf.org)