Harmeet Singh vs State
2022 Latest Caselaw 11335 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10790/2022

Harmeet Singh S/o Shri Mahender Singh, Aged About 43 Years, Ward No. 4, Chak 5Kk, Tehsil Padampur, District Sri Ganganagar.

----Petitioner Versus

1. State, Through The District Collector Sriganganagar, Rajasthan.

2. Sub Divisional Officer, Tehsil Padampur, Sriganganagar.

3. Block Development Officer, Panchayat Samiti Padampur, Sriganganagar.

4. Panchayat Samiti, Tehsil Padampur, Sriganganagar.

5. Gram Panchayat, Through Its Sarpanch, Chak 5 Kk, Tehsil Padampur, District Sriganganagar.

                                                                      ----Respondents


For Petitioner(s)             :     Mr. Kanishk Singhvi
For Respondent(s)             :

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

12/09/2022 Heard learned counsel for the petitioner.

The present writ petition has been filed for the following

reliefs:

"(i) By appropriate writ, order or direction the respondent-authority be restrained from dispossessing the petitioners from Plot No. 353- 356;

(ii) By appropriate writ, order or direction, the respondents be directed to follow the due procedure of law before cancelling petitioners' Patta."

(2 of 2) [CW-10790/2022]

Learned counsel for the petitioners submits that petitioners

are in possession of the plot in question on the strength of the

patta (Annex.1) issued by the Gram Panchayat on 15.12.1999.

The counsel further submits that the respondents are trying to

dispossess the petitioner without following the due process of law,

he, therefore, prays that the respondents be directed to act in

accordance with law.

Having considered the submissions made at the bar, this

court is of the view that the petitioners are occupying the subject

piece of the land on the strength of the Patta issued by the Gram

Panchayat and therefore, if the respondents come to the

conclusion that the petitioners are possessing the subject piece of

land dehors the law then the petitioner may be proceeded

against and removed from the subject land only by taking

recourse to the principles of natural justice after giving reasonable

opportunity of hearing to the petitioners.

The writ petition stands disposed of in the above terms.

(VIJAY BISHNOI),J 126-mohit/-

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