Om Prakash Nat S/O Sh. Sohan Lal vs State Of Rajasthan
2022 Latest Caselaw 7430 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 18803/2019

Om Prakash Nat S/o Sh. Sohan Lal, Aged About 50 Years, R/o
Vpo Katrathal, Tehsil And District Sikar (Raj.)
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Chief Secretary, Rajasthan
         Secretariat, Jaipur.
2.       District Collector, Sikar.
3.       Chairman, U.i.t., Sikar.
4.       Tehsildar, Sikar, District Sikar.
5.       Authority Officer And Secretary, U.i.t. Sikar.
                                                                  ----Respondents

For Petitioner(s) : None present For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

23/11/2022

None present on behalf of the petitioner, even in the second

round.

This writ petition has been filed by the petitioner with the

following prayers:-

'It is therefore, most respectfully prayed that your lordship may graciously be pleased to accept and allow this writ petition and may kindly be please to direct the respondents to cease the unlawful, arbitrary action against the petitioner and his family.

Any other writ order or direction, which this Hon'ble Court deems fit and proper, may kindly be passed in favour of the petitioner."

(2 of 2) [CW-18803/2019]

The respondents have issued the notice to the petitioner for

removal of encroachment whereby the petitioner has encroached

over the Government land. The said notice was issued by the

respondents on 18.10.2019 as the land in dispute belongs to UIT,

Sikar and the said land has been allotted for construction of

Government College.

I have perused the record.

The Hon'ble Supreme Court in the matter of Shubhas Jain

Vs. Rajeshwari Shivam & Ors. in Civil Appeal No. 2848 of

2021 has held as under;

"26. It is well settled that the High Court exercising its extraordinary writ jurisdiction under Article 226 of the Constitution of India, does not adjudicate hotly disputed questions of facts. It is not for the High Court to make a comparative assessment of conflicting technical reports and decide which one is acceptable."

The land in dispute is a Government land and has been

allotted for the construction of Government College by the UIT,

Sikar and no title document has been placed on record by the

petitioner. Furthermore, highly disputed questions of fact are

involved in this matter and and in view of the judgment passed by

the Hon'ble Supreme Court in the matter of Subhash Jain (supra)

no case is made out for interference by this Court under Article

226 of the Constitution of India.

In that view of the matter, the present writ petition stands

dismissed.

(INDERJEET SINGH),J

Upendra Pratap Singh /31

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