Dost Mohammad vs State Of Rajasthan ...
2023 Latest Caselaw 2413 Raj

[2023/RJJD/007226]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 2259/2023

Dost Mohammad S/o Shri Aladita, Aged About 40 Years, R/o
Aakal Ka Tala, Tehsil - Pokaran, District - Jaisalmer.
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through The Secretary, Revenue /
         Colonization Department, Govt. Of Rajasthan, Jaipur.
2.       The Deputy Commissioner Colonization, I.g.n.p. Nachna,
         Jaisalmer.
3.       Tehsildar Colonization, Nachna No. 2, District Jaisalmer.
                                                                  ----Respondents


For Petitioner(s)           :    Mr. Chirag Khatri



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

22/03/2023

      Learned counsel for the petitioner has submitted that the

petitioner was declared as Khatedar of the land of old Khasra

No.34, 35 at present Chak No.76 CWB Murabba No.14/07, Chak

No.6 DKWM Murabba No.15/11, Chak No. 17 MKM 11 Murabba

No.08/03, 08/04, 08/11, 08/12, Chak No.1 JWM 231/47, 231/54

and uncommand land situated at Village Bharewala in Khasra

No.717/08 by the Deputy Commissioner Colonisation, IGNP,

Nachna, Jaisalmer vide judgment dated 28.09.2016 in a suit

preferred by the petitioner under Section 15AAA, sub-section (2)

(a) of the Rajasthan Tenancy Act, 1955 (Second Amendment

1992). It is further submitted that the said judgment has not been

challenged by the State Government, which is represented

through Tehsildar, Colonisation, Nachna No.1 & 2 even then, the


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                                    [2023/RJJD/007226]                   (2 of 2)                    [CW-2259/2023]



                                   Tehsildar Colonisation, Nachna No.1 & 2 while treating the

                                   petitioner as trespasser, has threatened for dispossessing him.

                                         Issue notice to the respondents, returnable within a period of

                                   four weeks.

                                         Learned counsel for the petitioner is directed to supply a

                                   copy of the writ petition to Mr. Pankaj Sharma, learned Additional

                                   Advocate General within a week from today.

                                         The name of Mr. Pankaj Sharma, learned Additional Advocate

                                   General be shown for the respondents in the cause list.

                                         List along with S.B. Civil Writ Petition No.1960/2023 on

                                   17.04.2023.

                                         In the meanwhile, the respondents are restrained from

                                   dispossessing the petitioner from the land in question pursuant to

                                   the decree dated 28.09.2016 (Annex.2).



                                                                (DR. PUSHPENDRA SINGH BHATI), J.

85-Zeeshan

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