Rajasthan High Court - Jodhpur
Rajendra Prasad vs The State Of Rajasthan ... on 2 March, 2023
Bench: Vijay Bishnoi, Kuldeep Mathur
[2023/RJJD/006195]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 3318/2023
1. Rajendra Prasad S/o Sahi Ram, Aged About 47 Years,
Resident Of Bhompura, Tehsil And District Hanumangarh.
2. Jagdish S/o Asaram, Aged About 60 Years, Resident Of
Bhompura, Tehsil And District Hanumangarh.
3. Bharat S/o Bhadar Ram, Aged About 35 Years, Resident
Of Bhompura, Tehsil And District Hanumangarh.
4. Khumana Ram S/o Shyokaran, Aged About 68 Years,
Resident Of Bhompura, Tehsil And District Hanumangarh.
5. Kalu Ram S/o Ramu Ram, Aged About 36 Years, Resident
Of Bhompura, Tehsil And District Hanumangarh.
6. Hansraj S/o Sohan Lal, Aged About 48 Years, Resident Of
Bhompura, Tehsil And District Hanumangarh.
7. Narayan Singh S/o Goru Ram, Aged About 45 Years,
Resident Of Bhompura, Tehsil And District Hanumangarh.
----Petitioners
Versus
1. The State Of Rajasthan, Through Chief Secretary,
Government Of Rajasthan, Secretariat, Jaipur.
2. Secretary, Department Of Revenue, Govt. Of Rajasthan,
Secretariat, Rajasthan, Jaipur.
3. Secretary, Department Of Colonization, Rajasthan Jaipur
4. Secretary, Rural Development And Panchayati Raj,
Rajasthan, Jaipur.
5. District Collector, Hanumangarh
6. Commissioner, Colonization, Bikaner.
7. Dy. Town Planner, Command Area Development, Bikaner.
8. Asstt. Town Planner, Command Area Development, Rcp,
Rajasthan Canal Project, Bikaner.
9. Chief Executive Officer, Zila Parishad, Hanumangarh.
10. Block Development Officer, Panchayat Samiti
Hanumangarh.
11. Gram Panchayat Bhompura, Panchayat Samiti
Hanumangarh Through Its Village Development Officer.
----Respondents
[2023/RJJD/006195] (2 of 3) [CW-3318/2023]
For Petitioner(s) : Mr. Rajendra Prasad
Mr. Bharat, present in person
For Respondent(s) : Mr. Sunil Beniwal, AAG
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
02/03/2023
Mr. Rajendra Prasad, petitioner present in person, has
submitted that the residents of Village Bhompura, Tehsil and
District Hanumangarh are in occupation of the land in question
before 1979 development plan. It is also submitted that several
Government buildings, schools and other buildings of public utility
are in existence on the land, which is now declared as a public
land. It is also submitted that the respondents are bent upon to
dispossess the villagers from their long established possession
over the land in question.
Mr. Sunil Beniwal, learned AAG, appearing for the
respondents, has submitted that the respondents are initiating
proceedings pursuant to the judgment passed by the Division
Bench of this Court in D.B. Civil Writ Petition No.2193/2019
decided on 27.08.2020, however, he admits that the residents of
Village Bhompura, Tehsil and District Hanumangarh, who have
approached this Court by way of this writ petition are in
possession of the land in question prior to the preparation of
development plan 1979. He has also submitted that there are
variations in the actual position and the development plan 1979.
It is noticed that the residents of Village Bhompura, Tehsil
and District Hanumangarh, who have allegedly encroached over
[2023/RJJD/006195] (3 of 3) [CW-3318/2023]
the public land were not party before this Court at the time of
decision of D.B. Civil Writ Petition No.2193/2019.
Mr. Sunil Beniwal, learned AAG is directed to file reply to the
writ petition within a period of four weeks.
Till next date, no demolition proceedings shall be carried out
by the respondents in Village Bhompura, Tehsil and District
Hanumangarh.
(KULDEEP MATHUR),J (VIJAY BISHNOI),J
78-Ravi Kh/-
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