Pratap Das vs The State Of Rajasthan
2022 Latest Caselaw 13526 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Civil Writ Petition No. 17416/2022

Pratap Das S/o Maniram Das, Aged About 65 Years, By Caste
Swami, Resident Of Village Changoi, Gram Panchayat Mikhala,
Tehsil Taranagar, District Churu.
                                                                      ----Petitioner
                                   Versus
1.     The State Of Rajasthan, Through Secretary, Department
       Of Revenue, Government Of Rajasthan, Jaipur.
2.     The District Collector (Land Record), Churu.
3.     The Sub Divisional Officer, Taranagar, District Churu.
4.     The Tehsildar (Land Record), Taranagar, Churu.
5.     The   Sarpanch,       Gram       Panchayat         Mikhala,       Panchayat
       Samiti Taranagar, District Churu.
                                                                 ----Respondents


For Petitioner(s)        :     Mr. Awar Dan Ujjwal
For Respondent(s)        :



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                         Judgment / Order

18/11/2022

     Heard      learned          counsel            for         the      petitioner.

The present writ petition has been filed with the following

prayers:-

"It is, therefore, prayed that this writ petition may kindly be

allowed and by an appropriate writ, order or direction:-

i. That the notice dated 19.9.2022 (Annexure-1) may kindly

be quashed and set aside.

ii. That the respondents may kindly be restrained to remove

the house and possession of the petitioner upon the plot in



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question of Khasra No. 1119/264 Village Changoi, Gram

Panchayat Mikhala, Tehsil Taranagar, District Churu

iii. Any other appropriate order or direction, which this

Hon'ble Court considers just, fit and proper in the facts and

circumstances of this case, may kindly be passed in favour of

the petitioner.

iv. Cost of the writ petition may kindly be awarded in favour

of the petitioner.



       Learned counsel for the petitioner submits that in

pursuance of the notice issued on 19.9.2022                        (Annexure/1)

the   respondent     authorities          are        proceeding     against    the

petitioner in a hot-haste manner without considering the

reply filed by them.            Learned counsel for the petitioner

further submits that the concerned authorities may be

directed to act in accordance with the provisions of law.

      I have considered the submissions made at the Bar and

have gone through the pleadings placed before me.

      The respondent authorities have issued a notice under

Section 91 of the Rajasthan Land Revenue Act, 1956 dated

19.9.2022 (Annesure/1) and the petitioner has filed reply to

the said notice and the matter is pending consideration

before the Tehsildar, Taranagar, District Churu. There is no

occasion for this Court to assume that the authorities

concerned    will    not     act     in     accordance           with   law.   The

contentions of the learned counsel for the petitioner that the

authorities are proceedings in hot-haste manner is also not

reflected from the papers placed before this Court. However,

in the interest of justice, the respondent authorities are

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                                   directed to proceed in the matter in accordance with law and

                                   any action taken by them must be in-conformity with law and

                                   in due compliance of the principles of natural justice.

                                         The respondent authorities shall pass the order in the

                                   proceedings pending before it strictly in accordance with law.

                                         Till the final decision             is taken         by the concerned

                                   Tehsildar/     Up-   Tehsildar,       the      petitioners       shall   not   be

                                   dispossessed from the subject piece of land.

                                          The writ petition is disposed of in the above terms.



                                                                 (DR.PUSHPENDRA SINGH BHATI), J.

ns. 176-1/-

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