Hardeva Ram vs State Of Rajasthan
2022 Latest Caselaw 2750 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 312/2022

1. Hardeva Ram S/o Sh. Bherubux, Aged About 63 Years, Bhagwanpura, Teh. Nawan Dist. Nagaur.

2. Ganesh Ram S/o Hardeva Ram, Aged About 37 Years, Bhagwanpura, Teh. Nawan Dist. Nagaur.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Ravindra Singh S/o Hanuman Singh, Patwari Nawan Dist.

Nagaur.

----Respondents

For Petitioner(s) : Mr. R.S. Choudhary For Respondent No.1 : Mr. Mahipal Bishnoi, PP For Respondent No.2 : Mr. I.R. Choudhary

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

17/02/2022

Learned counsel for the petitioners has submitted that the

petitioners are not carrying out any labour work on the land

belonging to the State. It is further submitted that as a matter of

fact, the land on which the petitioners are carrying labour work is

belonging to the Sambhar Salt Ltd. and they have been granted

contract for labour work to the petitioners at the aforesaid site.

Learned counsel for the petitioners has submitted that when

the land on which the petitioners are carrying out labour work

does not belong to the Revenue Department of the State of

Rajasthan, the action of the respondent No.2 Patwari concerned to

lodge the impugned FIR against the petitioners is illegal.

(2 of 2) [CRLMP-312/2022]

Issue notice. Issue notice of stay application also, returnable

on 09.03.2022.

Learned Public Prosecutor accepts notice on behalf of

respondent No.1 - State.

Learned counsel Mr. I.R. Choudhary puts in appearance on

behalf of the respondent No.2.

Service is, therefore, complete.

Learned Public Prosecutor is directed to instruct the

Investigating Officer to apprise whether the land on which the

petitioners are carrying out labour work belongs to the State or

the Sambhar Salt Ltd.

Learned Public Prosecutor shall procure the case diary along

with the latest factual report by the next date of hearing.

List the matter on 09.03.2022.

Till next date, no coercive action shall be taken against the

petitioners.

(VIJAY BISHNOI),J 8-mohit/-

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