Kalyan Singh Son Of Shri Bhagwan ... vs State Of Rajasthan
2022 Latest Caselaw 7538 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Civil Writ Petition No. 12466/2022

1.    Kalyan Singh Son Of Shri Bhagwan Singh, Aged About 32
      Years, Resident Of Ward No 2, Village Badbara, Tehsil
      Govindgarh, District Alwar, Rajasthan.
2.    Sudesh Kumar Son Of Shri Karan Singh, Resident Of
      Cheetredi, Tehsil Nagar, District Bharatpur, Rajasthan.
                                                                 ----Petitioners
                                  Versus
1.    State Of Rajasthan, Through Principal Secretary, Revenue
      Department,       Secretariat,        Bhagwandas          Road,      Jaipur.
      -302005.
2.    State Of Rajasthan, Through Secretary, Department Of
      Home Affairs, And Justice, Secretariat, Rajasthan, Jaipur.
3.    The District Collector, District Alwar, Rajasthan.
4.    The Superintendent Of Police, Alwar, District Alwar
5.    The Additional District Collector, I, Alwar, Rajasthan.
6.    The   Tehsildar,       Tehsil       Govindgarh,          District    Alwar,
      Rajasthan.
7.    The Station House Officer, Police Station Govindgarh
      District Alwar. Rajasthan.
8.    Moorti Mandir Shri Hanuman Ji Peenachwala, Village
      Rambas,      Tehsil    Govindgarh,          District     Alwar,     Through
      Tehsildar Cum Land Record Officer, Govindgarh, District
      Alwar, Rajasthan.
9.    Ashok Kumar Adopted Son Of Kailash Chand, Resident Of
      Govindgarh, Tehsil Govind Garh, District Alwar, Rajasthan.
10.   Banta Sharma Wife Of Dinesh Kumar, Resident Of
      Govindgarh, Tehsil Govind Garh, District Alwar, Rajasthan.
11.   Suresh Son Of Late Shri Kanhaiya Lal, Resident Of
      Govindgarh, Tehsil Govind Garh, District Alwar, Rajasthan.
12.   Dinesh Son Of Late Shri Kanhaiya Lal, Resident Of
      Govindgarh, Tehsil Govind Garh, District Alwar, Rajasthan.
13.   Smt. Ramdulari Daughter Of Late Shri Kanhaiya Lal,
      Resident Of Govindgarh, Tehsil Govind Garh, District
      Alwar, Rajasthan.
14.   Smt. Ratan Devi Widow Of Late Shri Moolchand, Resident

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        Of    Govindgarh,      Tehsil     Govind        Garh,    District   Alwar,
        Rajasthan.
15.     Narendra Son Of Late Shri Moolchand, Resident Of
        Govindgarh, Tehsil Govind Garh, District Alwar, Rajasthan.
16.     Bijendra Son Of Late Shri Moolchand, Resident Of
        Govindgarh, Tehsil Govind Garh, District Alwar, Rajasthan.
17.     Ravindra Son Of Late Shri Mool Chand, Resident Of
        Govindgarh, Tehsil Govind Garh, District Alwar, Rajasthan.
18.     Gajendra Son Of Late Shri Moolchand, Resident Of
        Govindgarh, Tehsil Govind Garh, District Alwar, Rajasthan.
19.     Smt. Babita Rani Daughter Of Late Shri Mool Chand,
        Resident Of Govindgarh, Tehsil Govind Garh, District
        Alwar, Rajasthan.
20.     Smt. Rekha Daughter Of Late Shri Mool Chand, Resident
        Of    Govindgarh,      Tehsil     Govind        Garh,    District   Alwar,
        Rajasthan.
21.     Smt. Bhagwati Devi Daughter Of Radhey Shyam, Resident
        Of    Govindgarh,      Tehsil     Govind        Garh,    District   Alwar,
        Rajasthan.
22.     Manu Kumar Sharma Son Of Shri Ghanshyam Dutt
        Sharma, Resident Of Govindgarh, Tehsil Govind Garh,
        District Alwar, Rajasthan.
23.     Roshan Lal Saini Son Of Shri Dharam Singh Saini,
        Resident Of Village Rambas, Tehsil Govindgarh, District
        Alwar, Rajasthan.
                                                                 ----Respondents

For Petitioner(s) : Mr. Rahul Tiwari For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

30/11/2022

This writ petition has been filed by the petitioners with the

following prayers:-

"It is, therefore, humbly prayed that your lordship may kindly be pleased to accept &

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allowed this writ petition and by an appropriate writ, order or direction. I) Respondents may kindly be directed not to obstruct in the peaceful possession of the land or not warned them to stop their work or any lawful activities on the land which the petitioners lawful owned and possessed situated bearing Khasra no. 384/1, 386/1,387/3,387/4, total measuring 0.3033 hectare & Khasra no. 384/3,386/2,387/2,387/5 & 388 total 0.1514 hectare at Rambas, Tehsil Govindgarh District Alwar, Rajasthan.

ii) Quash and set aside the illegal arbitrary action of respondents by which they are adamant to demolish the lawful construction of petitioners raised after purchasing the Landfrom the Khatedar of land through registered sale deeds. Iii) Quash and set aside the action of respondents, by which they are instituting false litigation, reference against the petitioners which is contrary to revenue record.

iv) Quash and set aside the action of respondents, by which they have warned the petitioners for not raising the construction over the land which they lawful owned, without adopting due process of Law.

v) Respondents no. 3,5 and 6 may kindly be directed to made relevant entries in Revenue Record for the names of petitioners.

vi) Respondents no 4 and 7 may kindly be directed not use their power in colourable mode and further they may kindly be directed to provided protection to the petitioners for their life and liberty. Vii) Any other appropriate order or direction which this Hon'ble court deems just and proper in the facts and circumstances of this case may kindly also be passed in the favour of the petitioners. Vii) Cost of the litigation may kindly be granted to the petitioners."

A bare reading of the prayer made by the counsel for the

petitioner shows that highly disputed questions of fact are

involved in the present writ petition.

I have perused the record.

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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."

In my considered view, the highly disputed questions of fact

are involved in this matter, therefore, 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/134

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