Shri Ganpat Lal Sharma, Son Of Shri ... vs State Of Rajasthan
2023 Latest Caselaw 529 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 13875/2022

Shri Ganpat Lal Sharma, Son Of Shri Hargovind Sharma, Aged
About 69 Years, Resident Of Harsoli, Tehsil Dudu, District Jaipur,
Rajasthan
                                                                     ----Petitioner
                                     Versus
1.     State     Of    Rajasthan,          Through         Principal    Secretary,
       Department Of Agriculture, Government Of Rajasthan,
       Secretariat, Jaipur.
2.     District Collector, Jaipur Collectorate Circle, Banipark,
       Jaipur
3.     Sub Division Officer, Dudu, District Jaipur
4.     Tehsildar, Tehsil Dudu, District Jaipur
5.     Patwari, Patwar Circle Harsoli, Tehsil Dudu, District Jaipur
6.     Gram Panchayat Harsoli, Pachayat Samiti Dudu, District
       Jaipur Through Secretary
7.     Shri Madho Son Of Shri Bheru Balai, Resident Of Harsoli,
       Tehsil Dudu, District Jaipur, Sarpanch Gram Panchayat
       Harsoli
                                                                  ----Respondents

For Petitioner(s) : Mr. Ashok Mishra For Respondent(s) : Ms. Neetu Singh Choudhary

HON'BLE MR. JUSTICE INDERJEET SINGH Order 16/01/2023

This writ petition has been filed by the petitioner with the

following prayer:-

"It is therefore, humbly prayed that your lordship may graciously be pleased to accept and allow this writ petition and to call for and examine the record and further by issuing appropriate writ, order or directions in the nature thereof:- i. to hold the entire action of the respondents of setting apart the agriculture land khasra no. 1539 measuring 0.33 hectare kism Banjar situated at village Harsoli, Tehsil Dudu, District Jaipur for

(2 of 3) [CW-13875/2022]

aabadi including the order dated 22.06.2022 of Sub Division Officer, Dudu entrusting the aforesaid agriclture land for disposal to the Gram Panchayat Harsoli for allotment as incompetent, invalid, without authority of law and without jurisdiction. ii. to declare the entire action of the respondents initiating the action for setting apart the agriculture land khasra no. 1539 measuring 0.33 hectare kism Banjar situated at village Harsoli , Tehsil Dudu, District Jaipur for aabadi and reserving the same for aabadi to Gram Panchayat Harsoli for allotment contrary to provisions of section 92 and 102-A of Rajasthan Land Revenue Act, 1956.

iii. To hold the entire action of setting apart the agriculkture land khasra no. 1539 measuring 0.33 hectare kism Banjar situated at village Harsoli, Tehsil Dudu, District Jaipur for aabadi in absence of making requisite enquiry as to actual need and requirement of Gram Panchayat as illegal, against law and arbitrary. iv. to direct the respondents to consider the case of the petitioner for regularization of possession of agriculture land khasra no. 1539 measuring 0.33 hectare situated at village Harsoli. Tehsil Dudu, District Jaipur on basis of long possession as per the scheme and policy of the state government.

v. to direct the respondents not to forcibly dispossess the petitioner from the agriculture land khasra no. 1539 measuring 0.33 hectare kism Banjar situated at village Harsoli, Tehsil Dudu, District Jaipur without following due process of law.

vi. to restore the possession, in case, the petitioner is ousted illegally after and during the writ petition.

Vii. To award cost Any other order or direction which may deem fit and proper may kindly be issued in favour of petitioner in the interest of justice."

This Court vide order dated 21.10.2022 passed the following

order:-

"Learned counsel for the petitioner prays for and is granted two weeks' time to substantiate his submission that he is in possession of the subject land.

(3 of 3) [CW-13875/2022]

List the matter after two weeks as prayed."

By way of this writ petition, the petitioner has challenged the

action of the respondents in declaring the government land as

abadi land. The petitioner has failed to submit any documentary

evidence with regard to his possession over the land in dispute as

directed by this court vide order dated 21.10.2022. Highly

disputed questions of facts are involved in this writ petition and

the same cannot be decided in the writ jurisdiction under Article

226 of the Constitution of India.

The Hon'ble Supreme Court in the matter of Shubhas Jain

Vs. Rajeshwari Shivam & Ors. in Civil Appeal No. 2848 of

2021 has held as under;

"26. It is well settled that the High Court exercising its extraordinary writ jurisdiction under Article 226 of the Constitution of India, does not adjudicate hotly disputed questions of facts. It is not for the High Court to make a comparative assessment of conflicting technical reports and decide which one is acceptable."

In the facts and circumstances of the present case, and in

view of the judgment passed by the Hon'ble Supreme Court in the

matter of Subhash Jain (supra); no case is made out for

interference by this Court under Article 226 of the Constitution of

India.

Hence, this writ petition stands dismissed.

(INDERJEET SINGH),J

JYOTI /1

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