Rajasthan High Court - Jodhpur
Khada Kanwar vs State Of Rajasthan ... on 7 October, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:33466]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15789/2023
1. Khada Kanwar S/o Shri Amer Singh, Aged About 80
Years, By Cast - Rajput, R/o Panna, Tehsil Pokran, District
Jaisalmer, Rajasthan.
2. Gop Singh S/o Shri Amer Singh, Aged About 75 Years, By
Cast - Rajput, R/o Panna, Tehsil Pokran, District Jaisalmer,
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Commissioner, Colonization
Department, Bikaner.
2. The Deputy Commissioner, Colonization, Ignp, Nachana,
District Jaisalmer.
3. The Tehsildar Colonization, Nachana-1, District Jaisalmer.
----Respondents
For Petitioner(s) : Mr. SS Nirban.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/10/2023
1. Learned counsel for the petitioners has shown the order
passed by a Coordinate Bench of this Hon'ble Court in the case of
S.B. Civil Writ Petition No.8699/2023 (Shri Lal Singh & Ors.
Vs. State of Rajasthan & Ors.) decided on 04.07.2023, thus,
seeks similar order / directions for the present petitioners also.
2. This writ petition has been filed by the petitioners with a
prayer that the respondent No.3 - Tehsildar Colonization,
Nachana-1, District Jaisalmer may be directed to comply with the
order dated 17.12.2021 passed by the Assistant Collector and
Deputy Commissioner, Colonization IGNP, Nachana, District
Jaisalmer in revenue suit No.427/2016.
3. The petitioners have filed an application under Section
15AAA Sub-clause 2 (ka) of the Rajasthan Tenancy Act, 1955 with
a prayer to declare them khatedar of a piece of land. The said
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[2023:RJ-JD:33466] (2 of 2) [CW-15789/2023]
application filed by the petitioners was allowed vide judgment
dated 17.12.2021 passed by the Assistant Collector and Deputy
Commissioner, Colonization IGNP, Nachana, District Jaisalmer.
4. The petitioners are claiming that pursuant to judgment dated
17.12.2021, they have approached the respondent No.3 on
several occasions to comply with the judgment dated 17.12.2021,
but the respondent No.3 - Tehsildar Colonization, Nachana-1,
District Jaisalmer is not passing any order in terms of the above
referred judgment.
5. A limited prayer is made by learned counsel for the
petitioners that the respondent No.3 - Tehsildar Colonization,
Nachana-1, District Jaisalmer may be directed to consider the
representation of the petitioners filed by them from time to time,
and decide the same.
6. In view of the limited prayer made on behalf of the
petitioners, the writ petition is disposed of with a direction that
respondent No.3 - Tehsildar Colonization, Nachana-1, District
Jaisalmer to consider and decide the representation filed by the
petitioners strictly in accordance with law, expeditiously,
preferably within a period of three months from the date of
production of certified copy of this order.
7. Stay petition also stands disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
705-/Jitender//-
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