Sanwant S/O Ramotar vs Vinod Kumar S/O Shri Bhoraram
2023 Latest Caselaw 191 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

        D.B. Writ Miscellaneous Application No. 268/2022
                                     In
          D.B. Civil Writ (PIL) Petition No. 12840/2021

1.   Sanwant S/o Ramotar, Aged About 50 Years, R/o Village
     Nangal Lakhan, Tehsil Bansoor, District Alwar, Rajasthan.

2.   Smt. Shanti Devi W/o Harnarayan, Aged About 58 Years,
     Resident Of Village Nangal Lakhan, Tehsil Bansoor, District
     Alwar, Rajasthan.

3.   Hardan Singh S/o Sheonath, Aged About 54 Years, R/o Village
     Nangal Lakhan, Tehsil Bansoor, District Alwar, Rajasthan.

4.   Heera Lal S/o Moola, Aged About 59 Years, R/o Village Nangal
     Lakhan, Tehsil Bansoor, District Alwar, Rajasthan.

5.   Jairam S/o Sheonath, Aged About 37 Years, R/o Village Nangal
     Lakhan, Tehsil Bansoor, District Alwar, Rajasthan.

6.   Smt. Bhuteri Devi W/o Hansraj, Aged About 52 Years, R/o
     Village   Nangal    Lakhan,        Tehsil     Bansoor,   District   Alwar,
     Rajasthan.

7.   Smt. Bhagwati Devi W/o Ramsharan, Aged About 50 Years,
     R/o Village Nangal Lakhan, Tehsil Bansoor, District Alwar,
     Rajasthan.

8.   Prabha S/o Chandar, Aged About 90 Years, R/o Village Nangal
     Lakhan, Tehsil Bansoor, District Alwar, Rajasthan.

9.   Suresh S/o Khayali, Aged About 33 Years, R/o Village Nangal
     Lakhan, Tehsil Bansoor, District Alwar, Rajasthan.

                                                               ----Petitioners

                                  Versus

1.   Vinod Kumar S/o Shri Bhoraram, Aged About 38 Years,
     Resident Of Village Nangal Lakhan, Tehsil Bansoor, District
     Alwar Rajasthan.

2.   Suresh Kumar S/o Shri Bhagirath, Aged About 42 Years,
     Resident Of Village Nangal Lakhan, Tehsil Bansoor, District
     Alwar Rajasthan.

3.   Jairam S/o Shri Sahmal, Aged About 36 Years, Resident Of
     Village   Nangal    Lakhan,        Tehsil     Bansoor,   District   Alwar,
     Rajasthan.

4.   Balram S/o Shri Ramavtar, Aged About 40 Years, Resident Of
     Village   Nangal    Lakhan,        Tehsil     Bansoor,   District   Alwar,

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        Rajasthan.

5.      Sita Ram S/o Shri Manduram, Aged About 30 Years, Resident
        Of Village Nangal Lakhan, Tehsil Bansoor, District Alwar,
        Rajasthan.

6.      The State Of Rajasthan, Through Chief Secretary, Govt. Of
        Rajasthan,      Government           Secretariat,         Janpath,   Jaipur,
        Rajasthan.

7.      Principle Secretary, Department Of Revenue, Government
        Secretariat, Janpath, Jaipur, Rajasthan.

8.      Principle    Secretary,     Department           Of   Home,     Government
        Secretariat, Janpath, Jaipur, Rajasthan.

9.      District Collector, Alwar, District Alwar, Rajasthan.

10.     Sub-Divisional Magistrate Bansoor, District Alwar, Rajasthan.

11.     Tehsildar Bansoor, Tehsil Bansoor, District Alwar, Rajasthan.

12.     Superintendent Of Police, Alwar, District Alwar, Rajasthan.

13.     Deputy Superintendent Of Police (Dy. Sp), Bansoor, District
        Alwar, Rajasthan.

14.     Station House Officer (S.h.o.), Police Station Bansoor, District
        Alwar, Rajasthan.

15.     Smt. Savita W/o Ramesh Chand, Resident Of Village Nangal
        Lakhan, Tehsil Bansoor, District Alwar, Rajasthan.

16.     Smt. Soma Devi W/o Naresh Kumar, Resident Of Village
        Nangal Lakhan, Tehsil Bansoor, District Alwar, Rajasthan.

17.     Ramsharan S/o Chhaju Ram, Resident Of Village Nangal
        Lakhan, Tehsil Bansoor, District Alwar, Rajasthan.

18.     Hansraj S/o Chhaju Ram, Resident Of Village Nangal Lakhan,
        Tehsil Bansoor, District Alwar, Rajasthan.

19.     Ramkunwar S/o Matadeen, Resident Of Village Nangal Lakhan,
        Tehsil Bansoor, District Alwar Rajasthan.

20.     Pappu Ram S/o Matadeen, Resident Of Village Nangal Lakhan,
        Tehsil Bansoor, District Alwar Rajasthan.

21.     Hansraj S/o Bhonra, Resident Of Village Nangal Lakhan, Tehsil
        Bansoor, District Alwar Rajasthan.

                                                                   ----Respondents

For Petitioner(s) : Mr. Gajanand Yadav, Advocate with Mr. Subhash Sharma, Advocate

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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BIRENDRA KUMAR Judgment / Order 06/01/2023

Heard.

This application has been filed on mere apprehension that the

directions, which have been issued by this Court for examining the

complaints of encroachments, may be misused to throw away the

applicants though the applicants are in possession under valid authority.

Learned counsel for the applicants would submit that the

applicants are apprehending that they may not be afforded any

opportunity of hearing.

The apprehensions, on which this application has been filed, are

wholly unfounded.

This Court had only directed examination of the complaints and

passing necessary orders by the Competent Authority/PLPC. It is always

presumed that the authority shall act in accordance with law.

We find that the applicants had rushed to this Court only on the

basis of an internal communication dated 11.02.2022 (Annexure-2) by

which the Additional District Collector(I) and Incharge Officer

(Revenue), Collectorate, Alwar had directed the Sub-Divisional Officer to

hold the necessary inquiry in the matter.

It goes without saying that any inquiry, which is made on the

allegations of encroachments, those persons, who are alleged to be in

possession, are entitled to opportunity of hearing. Subject to the

aforesaid clarification, no further orders are required to be passed.

This application is, accordingly, disposed off.

(BIRENDRA KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /3

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