Rajasthan High Court - Jodhpur
Shri Parbat Singh vs State Of Rajasthan ... on 18 August, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:26189]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11579/2023
1. Shri Parbat Singh S/o Late Shri Kalyan Singh, Aged About
80 Years, By Caste Rajput R/o Ajasar Tehsil Pokran
District Jaisalmer, Rajasthan.
2. Shri Dalpat Singh S/o Late Shri Kalyan Singh, Aged About
78 Years, By Caste Rajput R/o Ajasar Tehsil Pokran
District Jaisalmer, Rajasthan.
3. Prayag Singh S/o Late Shri Kalyan Singh, Aged About 75
Years, By Caste Rajput R/o Ajasar Tehsil Pokran District
Jaisalmer, Rajasthan.
4. Shri Megraj Singh S/o Late Shri Khushal Singh S/o Late
Shri Kalyan Singh, Aged About 58 Years, By Caste Rajput
R/o Ajasar Tehsil Pokran District Jaisalmer, Rajasthan.
5. Shri Manohar Singh S/o Late Shri Khushal Singh S/o Late
Shri Kalyan Singh, Aged About 50 Years, By Caste Rajput
R/o Ajasar Tehsil Pokran District Jaisalmer, Rajasthan.
6. Shri Pukhraj Singh S/o Late Shri Khushal Singh S/o Late
Shri Kalyan Singh, Aged About 48 Years, By Caste Rajput
R/o Ajasar Tehsil Pokran District Jaisalmer, Rajasthan.
7. Shri Mahendra Singh S/o Late Shri Hari Singh S/o Late
Shri Kalyan Singh, Aged About 33 Years, By Caste Rajput
R/o Ajasar Tehsil Pokran District Jaisalmer, Rajasthan.
8. Shri Gopal Singh S/o Late Shri Hari Singh S/o Late Shri
Kalyan Singh, Aged About 30 Years, By Caste Rajput R/o
Ajasar Tehsil Pokran District Jaisalmer, Rajasthan.
9. Shri Brajraj Singh S/o Late Shri Hari Singh S/o Late Shri
Kalyan Singh, Aged About 25 Years, By Caste Rajput R/o
Ajasar Tehsil Pokran District Jaisalmer, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Commissioner Colonization,
Bikaner, Rajasthan.
2. The Dy. Commissioner, Colonization I.g.n.p., Nachana,
Distt. Jaisalmer.
3. The Colonization Tehsildar, Nachana No. 2, Distt.
Jaisalmer, Rajasthan.
----Respondents
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[2023:RJ-JD:26189] (2 of 3) [CW-11579/2023]
For Petitioner(s) : Ms. Anita Singh
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/08/2023
1. Learned counsel for the petitioners, at the outset, submits
that identical matter involving the identical issue, has been
disposed of by this Court in Jannat & Ors. Vs. State of Rajasthan &
Ors.: S.B. Civil Writ Petition No.16992/2018, decided on 01.11.2018
and prayed that similar order be passed in the present case also.
The order dated 01.11.2018 reads as under:-
"Heard learned counsel for the petitioners.
Perused the material available on record.
The petitioners claim to be in possession of a chunk of agricultural
land in the village Nachana, District Jaisalmer through their
ancestors, who were allegedly cultivating the land even before the
enactment of the Rajasthan Land Revenue Act, 1956. The petitioners
received a notice under Section 22 of the Rajasthan Colonization
Act treating them to be trespassers over the said chunk of land. They
filed a suit for declaration under Sections 88, 188 read with Section
15 of the Rajasthan Tenancy Act; and Sections 125 and 136 of the
Land Revenue Act seeking a direction for declaration of their rights
on the land in question. Alongwith the suit, they also filed an
application for injunction under Section 212 of the Rajasthan
Tenancy Act read with Section 151 C.P.C.
A grievance is raised by the petitioners that on the one hand, the Dy.
Commissioner (Colonization), IGNP, Nachana, District Jaisalmer is
sitting tight over the petitioners' suit and the injunction application
and at the same time, the respondent authorities are bent upon to
dispossess the petitioners from the land in question on which, they
claimed entitlement by virtue of old possession.
Having regard to the peculiar facts and circumstances of the case,
the Dy. Commissioner (Colonization), IGNP, Nachana before whom,
the suit as well as injunction application of the petitioners are
pending, is directed to expedite the proceedings of the suit and
injunction application and shall try to conclude the same within a
period of one year from the date of submission of copy of this order.
Till the petitioners' suit and injunction application are decided, they
shall not be dispossessed from the land in question. The writ petition
as well as stay applications are disposed of in these terms."
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[2023:RJ-JD:26189] (3 of 3) [CW-11579/2023]
2. The present writ petition is also disposed of in terms of the
aforequoted judgment Jannat & Ors. Vs. State of Rajasthan & Ors.
(supra). Stay petition also stands disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI), J.
44-Sudheer/-
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