Nabi Bux vs The State Of Rajasthan ...
2023 Latest Caselaw 8790 Raj

[2023:RJ-JD:36280]                     (1 of 2)                        [CW-17116/2023]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 17116/2023

Nabi Bux S/o Aladad, Aged About 44 Years, Village Aakalka Talla
Tehsil Pokran District Jaisalmer.
                                                                       ----Petitioner
                                      Versus
1.        The State Of Rajasthan, Through                             Commissioner
          Colonization Department, Bikaner
2.        The Dy. Commissioner Colonization, Indra Gandhi Nahar
          Pariyojana, Nachana, District Jaisalmer, Raj.
3.        The Tehsildar, Colonization, Tehsil Nachana-1, District
          Jaisalmer, Raj.
                                                                    ----Respondents


For Petitioner(s)            :    Mr. B.R. Jajra



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

20/10/2023

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 23.11.2021 passed by the Assistant Collector and

Deputy     Commissioner,         Colonization         IGNP,        Nachana,   District

Jaisalmer in revenue suit No.47/2014.

3.    The petitioners have filed an application under Section

15AAA Sub-clause 2 (ka) of the Rajasthan Tenancy Act, 1955 with


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                                   a prayer to declare them khatedar of a piece of land. The said

                                   application filed by the petitioners was allowed vide judgment

                                   dated 23.11.2021 passed by the Assistant Collector and Deputy

                                   Commissioner, Colonization IGNP, Nachana, District Jaisalmer.

                                   4.    The petitioners are claiming that pursuant to judgment dated

                                   23.11.2021, they have approached the respondent No.3 on

                                   several occasions to comply with the judgment dated 23.11.2021,

                                   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.

554-AnilKC/-

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