Suja Ram vs State Of Rajasthan
2022 Latest Caselaw 7860 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5056/2022

1. Suja Ram S/o Shri Parka Ram Devasi, Aged About 45 Years, Resident Of Mahilawas Chouraha, Village Mahilawas Tehsil Siwana District Barmer.

2. Hadmana Ram S/o Shri Pemaji Devasi, Aged About 40 Years, Resident Of Mahilawas Chouraha, Village Mahilawas Tehsil Siwana District Barmer.

3. Bhamra Ram S/o Shri Masraji Mali, Aged About 62 Years, Resident Of Mahilawas Chouraha, Village Mahilawas Tehsil Siwana District Barmer.

4. Anop Singh S/o Pratap Singh Rajput, Aged About 60 Years, Resident Of Mahilawas Chouraha, Village Mahilawas Tehsil Siwana District Barmer.

5. Sankla Ram S/o Shri Vashnaji Devasi, Aged About 40 Years, Resident Of Mahilawas Chouraha, Village Mahilawas Tehsil Siwana District Barmer.

6. Hari Ram S/o Shri Prabhuji Kalbi, Aged About 55 Years, Resident Of Mahilawas Chouraha, Village Mahilawas Tehsil Siwana District Barmer.

7. Naji Devi W/o Mangi Lal Devasi, Aged About 50 Years, Resident Of Mahilawas Chouraha, Village Mahilawas Tehsil Siwana District Barmer.

----Petitioners

Versus

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

2. The District Collector, Barmer.

3. The Sub Divisional Officer, Siwana District Barmer.

4. The Tehsildar (Revenue), Siwana District Barmer.

                                                                ----Respondents


For Petitioner(s)             :     Mr. Uttam Singh Rajpurohit

For Applicant-Caveator        :     Mr. Moti Singh





                                          (2 of 3)               [CW-5056/2022]


            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

25/05/2022

Learned counsel Mr. Moti Singh has submitted that though

the caveat has been filed on behalf of the person, who has filed

public interest litigation with a prayer for removal of the

encroachment made by certain persons on public land, in this writ

petition but since the petitioners have not made him as party

respondent in this writ petition, an application (IA No.01/2022)

has been filed on behalf of him for being impleaded as party

respondent in this writ petition. It is also submitted by Mr. Moti

Singh that the copy of the writ petition is not supplied to him.

Learned counsel for the petitioners Mr. Uttam Singh has

submitted that in the issue involved in this writ petition is identical

to the issue involved in S.B. Civil Writ Petition Nos.1378/2022 and

4681/2022, wherein this Court has already issued notices and also

passed interim order.

Learned counsel Mr. Moti Singh has submitted that the issue

involved in the present writ petition is not identical to the issue

involved in the above referred writ petitions as in those writ

petitions the persons were in possession of the patta issued by the

Gram Panchayat, whereas in the present case all the petitioners

are in illegal occupants of the government land and, therefore, the

Tehsildar has already initiated proceedings under Section 91 of the

Rajasthan Land Revenue Act and also passed eviction order.

The matter requires consideration.

Issue notice. Issue notice of stay petition as well, returnable

on 20.07.2022.

(3 of 3) [CW-5056/2022]

Meanwhile, the parties are directed to maintain status quo,

as it exists today, in respect to the land in question.

(VIJAY BISHNOI),J

33-AjaySingh/-

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