Kesa Ram Maurya And Ors vs State Of Rajasthan And Ors. ...
2023 Latest Caselaw 5052 Raj

[2023/RJJD/016676]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4415/2017

1. Kesa Ram Maurya S/o Shri Madan Lal, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

2. Mahendra Kumar S/o Shri Girdhari Lal, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

3. Nemi Chand S/o Shri Pokar Ram, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

4. Prakashi Devi W/o Ganpat Lal, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

5. Leela W/o Madhu Ram, R/o Ward No. 33, Meghwalo Ka Mohalla, Barli, Nagaur.

6. Patasi Devi W/o Shri Lalit Kumar, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

7. Rampal S/o Shri Reghu Nath, R/o Ward No. 32, Regaro Ka Mohalla, Barli, Nagaur.

8. Jhuma Devi W/o Shri Daulat Ram, R/o Ward No. 33, Meghwalo Ka Mohalla, Barli, Nagaur.

9. Tulsi Devi W/o Nathu Ram, R/o Ward No. 33, Meghwalo Ka Mohalla, Barli, Nagaur.

10. Aadu Ram S/o Shri Padma Ram, R/o Ward No. 32, Dilli Darwaja Road, Barli, Nagaur.

11. Daulat Ram S/o Shri Pokar Ram, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

12. Vipin S/o Shri Prakash Chand, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

13. Sita Ram S/o Shri Shiv Karan, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

14. Hukmi Chand S/o Shri Gula Ram, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

15. Madhusudan S/o Shri Birbal, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

16. Bhagwana Ram S/o Shri Kisna Ram, R/o Ward No. 33, Meghwalo Ka Mohalla, Barli, Nagaur.

17. Shera Ram S/o Shri Teja Ram, R/o Ward No. 33, Meghwalo Ka Mohalla, Barli, Nagaur.

18. Harendra S/o Shri Bhanwar Lal, R/o Ward No. 33,

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Deedwana Bikaner Bye-Pass Road, Barli, Nagaur.

19. Chena Ram S/o Shri Nathmal, R/o Ward No. 33, Deedwana Bikaner Byepass Road, Barli, Rajasthan.

20. Suman W/o Shri Jivraj, R/o Regaro Ka Mohalla, Barli, Rajasthan.

21. Gopal Ram S/o Shri Mula Ram, R/o Regaro Ka Mohalla, Barli, Rajasthan.

22. Babu Lal S/o Shri Mula Ram, R/o Regaro Ka Mohalla, Barli, Rajasthan.

23. Leela Devi W/o Shri Om Prakash, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

24. Mani Ram S/o Shri Mula Ram, R/o Regaro Ka Mohalla, Barli, Nagaur.

25. Chandni W/o Shri Pawan Kumar, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

26. Bhanwarai W/o Shri Heera Lal, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

27. Mangla Ram S/o Budha Ram, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

28. Chuni Lal S/o Shri Parsa Ram, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

29. Shrawan Kumar S/o Shri Sanwala Ram, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

30. Narayan Ram S/o Shri Sanwala Ram, R/o Ward No. 33, Regaro Ka Mohalla, Barli, Nagaur.

----Petitioners Versus

1. State Of Rajasthan Through Its Principle Secretary, Department Of Revenue, Secretariat, Jaipur

2. The District Collector, Nagaur.

3. Municipal Council, Nagaur Through Its Commissioner, Municipal Council, Nagaur.

4. The Tehsildar, Nagaur.

----Respondents

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For Petitioner(s) : Mr. GR Punia, Sr. Advocate assisted by Dr. Shanti Choudhary For Respondent(s) : Dr. Pratistha Dave

HON'BLE DR. JUSTICE NUPUR BHATI

Order

23/05/2023

1. Learned counsel for the parties jointly submit that the issue

raised in present writ petition is squarely covered by judgment

rendered by Co-ordinate Bench of this Court in bunch of writ

petitions led by Prabhu Ram & Ors. Vs. State of Rajasthan &

Ors. (S.B. Civil Writ Petition No.3884/2017, decided on

02.08.2022). The said judgment reads as follows :-

"These writ petitions are being decided by a common order as the prayer made in these writ petitions is for quashing the General Notice dated 04/06/2010 issued by the Tehsildar, Nagaur.

The petitioners are the residents of the Khasras mentioned in the notice dated 04/06/2010 and they are occupying the land on the strength of Pattas, lease and other valid documents issued by the competent authorities of the Department.

Learned counsel for the petitioners submit that in the garb of general notice dated 04/06/2010, the peaceful possession of the petitioners is being disturbed without any reason or rhyme. Learned counsel for the petitioners submit that they are holding the pieces of land on the strength of valid documents issued by the competent authorities of the Department and on some of the lands, the construction of houses have been made by investing huge amounts. Learned counsel for the petitioners, therefore, submit that general notice issued on 04/06/2010 may be quashed.

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Per contra, learned counsel for the respondent submits that it was noticed by the respondent-Department that number of persons were occupying the lands of the respondents de-hors the law. He submits that the notice was issued only to those persons who were either trespassers or in occupation of the land without any authority of law. He, therefore, submits that the notice dated 04/06/2010 has rightly been issued and if the petitioners are holding the valid right, title or ownership of the land, they need not worry about it.

I have considered the submissions made at the Bar and I have gone through the notice dated 04/06/2010 as well as the other relevant record of the case.

The notice dated 04/06/2010 is a general notice, which has been issued to the residents of number of Khasras shown in the notice and principally it is for those persons who are in occupation of the land without any authority of law. This Court feels that since 12 years have lapsed and the interim orders are in operation since 2010, therefore, interest of justice will be met, if the notice dated 04/06/2010 which is general in nature is quashed and set aside and the respondent Nos.3 and 4 are given liberty to proceed against those persons who are occupying the lands without any authority of law.

In view of the discussions made above, the writ petitions are allowed. The general notice dated 04/06/2010 issued by Tehsildar, Nagaur is quashed and set aside. The respondent No.3-the Municipal Council, Nagaur and the respondent No.4- Tehsildar Nagaur are granted liberty to proceed against all those persons who are in occupation of the land without any authority of law by giving notice to all those persons individually and pass appropriate orders for eviction after following principles of natural justice.

Needless to say that if the persons who are in occupation of land submit the requisite documents showing their occupation of the subject pieces of land in accordance with law, the same shall be considered by the respondent Nos.3 and 4.

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The stay applications and other pending applications, if any also stand disposed of. "

2. On such joint submission made before this Court and upon

perusal of record, this Court finds that the said judgment squarely

applies to the fatual matrix of the present case.

3. In view of the submissions made, the writ petition filed by

the petitioners is also allowed in terms of aforequoted judgment

in the case of Prabhu Ram & Ors. Vs. State of Rajasthan &

Ors. (supra).

4. The stay application as well as all pending applications also

stands disposed of accordingly.

(DR. NUPUR BHATI),J 95-Sanjay/-

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