Veni Dutt vs Prakash Rajpurohit
2022 Latest Caselaw 12600 Raj

(1 of 2) [WCP-847/2019]

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Writ Contempt No. 847/2019

Veni Dutt

----Petitioner Versus Prakash Rajpurohit

----Respondent

For Petitioner(s) : Mr. Mahesh Joshi. For Respondent(s) : Mr. Sunil Beniwal, AAG.

Mr. Jitender Singh Bhaleria.

Mr. Narendra Rajpurohit.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

20/10/2022

Shri Beniwal, learned AAG submits that the concerned

authorities have set apart 7 bighas of Abadi land so as to

rehabilitate the encroachers, who are holding illegal possession of

the Agore land. However, the encroachers are not willing to

remove their encroachments. It cannot be denied that nature of

Agore land (water body/ catchment area) cannot be changed nor

can encroachments be allowed on such land as has been held by

this Court in catena of judgments. Reference in this regard may be

had to judgment dated 01.04.2021 rendered in the case of

Shambhu Ram Vs. State of Rajasthan & Ors. (D.B. Civil Writ

Petition No.10457/2018).

In such cases, where the Courts have granted injunction /

stay in favour of the encroachers, copy of this order and a copy of

the judgment of this Court in the case of Shambhu Ram (supra)

(2 of 2) [WCP-847/2019]

shall be placed before the Court concerned, which shall decide the

injunction application in light of law laid down in the aforesaid

judgment on or before 30.11.2022.

Compliance report be submitted for this Court's perusal on

the next date of hearing.

Renotify on 12.12.2022.

(KULDEEP MATHUR),J (SANDEEP MEHTA),J

26-Prashant/-

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