Rajasthan High Court - Jodhpur
Jaiveer vs The State Of Rajasthan ... on 9 May, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/014191]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2009/2023
Jaiveer S/o Late Abhay Ram, Aged About 49 Years, By Caste Jat,
Resident Of Ward No. 12, Ravatsar, Tehsil Ravatsar, District
Hanumangarh.
----Petitioner
Versus
1. The State Of Rajasthan, Through District Collector,
Hanumangarh.
2. The Joint Director, Animal Husbandry Department,
Hanumangarh.
3. The Senior Animal Medical Officer, First Class Animal
Hospital, Ravatsar, District Hanumangarh.
4. The Tehsildar (Revenue), Ravatsar, Dist. Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Bheru Lal Jat a/w Jaiveer
For Respondent(s) : Mr. Anil Kumar Gaur, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/05/2023
1. The petitioner has preferred the present writ petition
claiming the following relief :-
"1. The order dated 28.02.2022 (Annexure-11) passed
by the learned Additional District Judge No.1, Nohar,
District Hanumangarh (Camp Ravatsar) may kindly be
quashed and set aside and upheld the order dated
08.03.2016 (Annexure-10) passed by Civil Judge,
Ravatsar.
2. Any other appropriate order which this Hon'ble Court
consider just and proper in the facts and circumstances
of the present case, may kindly be passed in favour of
the petitioner. "
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[2023/RJJD/014191] (2 of 3) [CW-2009/2023]
2. Learned counsel for the petitioner submits that present
petitioner has filed a civil suit for permanent injunction against the
State defendant stating therein that the property situated at Ward
No.12, Ravatsar behind PWD Rest House, Plot No.118 measuring
about 50X54 is in peaceful possession of the petitioner for last
about 35 years and it has not been regularized by Nagar Palika
despite their repeatedly approaching them.
3. Learned counsel for the petitioner submits that learned trial
court had passed the order in Temporary Injunction, which has
been set aside by the appellate court. He further submits that the
petitioner has complied with all the necessary requirement and
also paid the house tax etc., but neither a valid title has been
given nor his regularization has been considered.
4. Learned counsel for the petitioner has relied upon the
following judgments :-
i. Nabekishore Sahu & Anr. Vs. M/s East India
Arms Company, reported in AIR 1998 Orissa
95.
ii. Sadhu Ram Vs. Gram Panchayat, Pastana;
reported in AIR 1984 PandH 262.
iii. Sohanlal Dugar Vs. Dwarka Nath Jha, Chairman
& Ors.; reported in AIR 1996 Cal 279
5. Learned counsel for the respondent submits that there
cannot be a more mockery of justice then this that a Government
quarter and the Government land adjoining at has been
encroached upon by the employee even after getting retired long
back.
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[2023/RJJD/014191] (3 of 3) [CW-2009/2023]
6. This Court finds that the bread-earner of the family was a
Government person and was occupying the Government quarter
and while occupying the Government quarter, he has occupied an
adjoining land to the Government quarter and is coming to Court
on the pretext of the possession rights.
7. This Court has seen the map of the area, which has been
furnished by the learned counsel for the petitioner, in which, a
small portion between the Government quarter and PWD
Department Government land, which is also a Government land,
has been encroached upon by the petitioner's grandfather during
the family occupying government accommodation, which is viewed
very seriously by this Court. The Government land encroached
require for immediate eviction. Learned appellate court has rightly
dismissed the application under Order 39 Rule 1 and 2 CPC, thus,
no cause of interference is made out.
8. Consequently, the present writ petition is dismissed. The
respondents are directed to get the Government land evicted as
soon as possible in accordance with law.
9. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
50-Sudheer/-
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