Rajasthan High Court
Ram Niwash Beniwal Son Of Shri Ram ... vs State Of Rajasthan on 9 November, 2022
Bench: Pankaj Mithal, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 16219/2019
1. Ram Niwash Beniwal Son Of Shri Ram Deva Ram, Aged
About 33 Years, Resident Of Sherpur, Sherpura Sujas
Tehsil Dataramgarh, District Sikar, Rajasthan.
2. Shishupal Singh Son Of Khubaram, Aged About 50 Years,
Resident Of Ward No. 9, Tehsil Datarangarh, Tilokpura,
Sikar, Rajasthan.
3. Bhanwar Lal Jat Son Of Bhiva Ram, Aged About 41 Years,
Resident Of Ward No. 5, Pakodi Ki Dhani, Sherpura, Tehsil
Dataramdarh, Sujawas, Sikar.
4. Phool Chand Muwal Son Of Ghisha Ram Muwai, Aged
About 30 Years, Resident Of Ward No. 5 Sherpura, Sikar.
5. Shakti Singh Shekhawat Son Of Mal Singh Shekhawat,
Aged About 43 Years, Resident Of Ward No. 11,
Trilokpura, Dataramgarh, Sikar.
6. Sant Kumar C/o Nagar Mal, Aged About 38 Years,
Resident Of Ward No. 3, Sujawas, Piprali, Sikar.
7. Chotu Ram Meena Son Of Bhinda Ram Meena, Aged
About 29 Years, Resident Of Ward No. 2, Goriya, Sikar.
8. Prahlad @ Jodharam Son Of Nundaram, Aged About 47
Years, Resident Of House No. 68, Sujawas, Goriya, Sikar.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary, Revenue
Department, Government Secretariat, Rajasthan, Jaipur.
2. District Collector, Sikar, District Sikar, Rajasthan.
3. Tehsildar, Dataramgarh, District Sikar, Rajasthan.
4. Sub Divisional Officer, Dataramgarh, District Sikar,
Rajasthan.
5. Smt Sudha Devi D/o Gajju Singh Lamba, R/o Mohalla
Sekhpura, Sikar, District Sikar, Rajasthan.
6. Smt. Sangeeta D/o Brajmohan Sunda, R/o Near Samaj
Kalyan Vibhag Nawalgarh Road, Sikar District- Sikar,
Rajasthan.
(Downloaded on 14/11/2022 at 09:18:48 PM)
(2 of 4) [CW-16219/2019]
7. Nayab Tehsildar, Palsana, Tehsil Dataramgarh, District
Sikar.
----Respondents
For Petitioner(s) : Mr. Prahlad Sharma
For Respondent(s) : Mr. Hanuman Choudhary
Mr. S.L. Kumawat
Ms. Archana for Mr. Anil Mehta, AAG
Mr. Mohsin for Mr. Sanjay Khedar
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
09/11/2022
1. Heard learned counsel for the petitioners, Ms. Archna on
behalf of Mr. Anil Mehta, learned AAG appearing for the State, Mr.
Hanuman Choudhary, learned counsel appearing for respondent
No.5 and Mr. S.L. Kumawat who is seeking impleadment as one of
the respondents.
2. The dispute in the writ petition relates to Siwai Chak land
bearing Khasra No. 13 situated in Village Sujawas District Sikar.
The petitioners allege that the aforesaid land is the State land but
the respondents have manipulated revenue entries in their name
and as such, the said entries be restored and the encroachments
be directed to be removed.
3. Learned counsel for respondent No. 5 submits that she is the
bona fide purchaser in good faith of the said land from the
previous owner by a registered sale deed of the year 2000 and her
name has been rightly entered in the revenue records on the basis
of the said sale deeds.
(3 of 4) [CW-16219/2019]
4. The dispute as raised in the writ petition is essentially a
private dispute between the parties regarding the aforesaid land
and the said dispute cannot be a subject matter of adjudication in
an extraordinary jurisdiction of this Court.
5. It has also been pointed out that previously there was a
litigation between the parties wherein the plaint was rejected
under Order 7 Rule 11 CPC but the said order was ultimately set
aside by the High Court and the matter has been remanded to the
Competent Court.
6. In view of the above, it is apparent that a revenue suit
between the parties in respect of the aforesaid land is pending
consideration.
7. Learned counsel for the petitioners submits that petitioners
are not party in the said suit.
8. May be petitioners are not party but the matter is being
contested by the private respondents and the State authorities
and it is the State authorities who have to protect the possession
of the said land.
9. In view of the aforesaid facts and circumstances and a
general direction issued by this Court in the case of Jagdish
Prasad Meena and Ors. Vs. State of Rajasthan and Ors.-D.B.
Civil Writ Petition (PIL) No. 10819/2018 for constituting a
Public Land Protection Cell and for referring all disputes of such
nature to PLPC, we dispose of this writ petition in terms of the
aforesaid judgment and order and direct that the petitioners may
approach PLPC for the settlement of their grievance and in case
they so approach, necessary action in accordance with the
direction of this Court, as contained in the order dated
(4 of 4) [CW-16219/2019]
30.01.2019, be taken after giving due opportunity to all concerned
persons.
10. It will be open for the parties to get the matter, if necessary,
adjudicated through the proper revenue authorities.
11. The writ petition is disposed of.
(ANOOP KUMAR DHAND),J (PANKAJ MITHAL),CJ
N Gandhi/ Ashu/32
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