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Hajarat Khan vs State Of Rajasthan ...
2023 Latest Caselaw 6251 Raj

Citation : 2023 Latest Caselaw 6251 Raj
Judgement Date : 23 August, 2023

Rajasthan High Court - Jodhpur
Hajarat Khan vs State Of Rajasthan ... on 23 August, 2023
Bench: Vijay Bishnoi, Yogendra Kumar Purohit

[2023:RJ-JD:26810-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Writ Contempt No. 931/2022

1. Hajarat Khan S/o Tharu Khan, Aged About 35 Years, R/o Mekuba, Tehsil Bandhewa, District Jaisalmer (Raj.).

2. Bhure Khan S/o Tharu Khan, Aged About 33 Years, R/o Mekuba, Tehsil Bandhewa, District Jaisalmer (Raj.).

3. Tharu Khan S/o Kamu Khan, Aged About 60 Years, R/o Karamaiyo Ki Dhani, Longasar, District Jaisalmer (Raj.).

4. Manohar Khan S/o Hakam Khan, Aged About 30 Years, R/o Musalmano Ki Dhani, Shiv Nagar, Bhikodai, Jaisalmer (Raj.).

5. Chotu Khan S/o Tharu Khan, Aged About 22 Years, R/o Karamiyo Ki Dhani, Longasar, District Jaisalmer (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Secretary, Department Of Revenue, Govt. Of Rajasthan, Secretariat, Jaipur.

2. Tina Dabi, Ias, District Collector, Jaisalmer, Office Of The District Collector, Jaisalmer.

3. Om Prakash, Sub Divisional Officer, Bhaniyana, Dist.

Jaisalmer.

4. Shaitan Singh, Tehsildar, Bhaniyana, Dist. Jaisalmer.

5. Rahimo Khan, Sarpanch, Gram Panchayat Bhadhewa, Dist. Jaisalmer.

                                                                    ----Respondents


For Petitioner(s)             :    Mr. V.D. Gaur

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



             HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

[2023:RJ-JD:26810-DB] (2 of 3) [WCP-931/2022]

Judgment / Order

23/08/2023

The instant writ contempt petition is filed by the petitioners

alleging that the respondents are not complying with the

directions given by this Court vide order dated 21.2.2022 in

DBCWP No.2701/2022.

This Court, vide order dated 21.2.2022, has directed the

respondents to treat the writ petition as the compliant of the

petitioners and take a decision as found necessary on the basis of

materials on record preferably within a period of four months from

the date of receipt of copy of the order.

Reply to the writ contempt petition is filed on behalf of the

respondents, wherein it is stated that encroachments over the

public land of khasra numbers, mentioned in the writ petition,

have been removed, except those encroachments, in which, stay

order has been passed by this Court in various writ petitions.

Rejoinder to the reply is filed on behalf of the petitioners,

wherein it is alleged that though some of the encroachers are not

having any stay order of this Court in their favour, but their

encroachments have not been removed. Along with the rejoinder,

some photographs indicating the names of the persons, who are

allegedly in possession of the land as encroachers, have been

annexed.

We have taken note of the fact that in SBCWP

No.9129/2022, Hanif Khan (petitioner therein) has been granted

interim protection by this Court, however in SBCWP

[2023:RJ-JD:26810-DB] (3 of 3) [WCP-931/2022]

No.15696/2022, Daapu Khan, Jannu Khan, Roshan Khan,

Rahmutullah Khan and Umardin Khan (petitioners therein) are

granted interim protection by this Court and the present

petitioners, in the rejoinder, have indicated about encroachments

of most of the persons, who are having interim protection of this

Court in their favour.

In such circumstances, we are of the opinion that substantial

compliance of the order passed by this Court has been made.

Hence, no further order is required to be passed in this writ

contempt petition and the same is hereby dismissed.

Notices are discharged.

(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J

77-msrathore/-

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