Rajasthan High Court - Jodhpur
Noordeen vs The State Of Rajasthan ... on 29 August, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:27348]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12917/2023
1. Noordeen S/o Samsdeen, Aged About 53 Years, By Caste
Muslanman, R/o Village Shekhon Ka Talla, Tehsil Pokran,
District Jaisalmer, Rajasthan.
2. Hanif Khan S/o Samsdeen, Aged About 47 Years, By
Caste Muslanman, R/o Village Shekhon Ka Talla, Tehsil
Pokran, District Jaisalmer, Rajasthan.
3. Ajij Khan S/o Samsdeen, Aged About 44 Years, By Caste
Muslanman, R/o Village Shekhon Ka Talla, Tehsil Pokran,
District Jaisalmer, Rajasthan.
4. Pirane Khan S/o Samsdeen, Aged About 40 Years, By
Caste Muslanman, R/o Village Shekhon Ka Talla, Tehsil
Pokran, District Jaisalmer, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Commissioner
Colonization, Bikaner.
2. The Dy. Commissioner, Colonization Nachana, District
Jaisalmer.
3. The Colonization Tehsildar, Nachana No. 2 District
Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Binja Ram Jajra
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/08/2023
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
(Downloaded on 12/11/2023 at 05:13:32 AM)
[2023:RJ-JD:27348] (2 of 2) [CW-12917/2023]
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."
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.
356-Zeeshan
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