Keshar Kanwar vs The State Of Rajasthan ...
2023 Latest Caselaw 6907 Raj

[2023:RJ-JD:28329]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13264/2023

1. Keshar Kanwar D/o Malsingh, Aged About 80 Years, Tadana, Tehsil Jaisalmer, District Jaisalmer, (Raj.).

2. Kanwaru Kanwar D/o Malsingh, Aged About 45 Years, Devrajgarh, Tehsil Shergarh, District Jodhpur, (Raj.).

3. Bhanwar Singh S/o Abhya Singh (Mother Kanwaru Kanwar), Aged About 25 Years, Devrajgarh, Tehsil Shergarh, District Jodhpur, (Raj.).

----Petitioners Versus

1. The State Of Rajasthan, Through The Secretary, Colonization Department, Secretariat, Rajasthan, Jaipur.

2. The Commissioner (Colonization), Bikaner.

3. Deputy Commissioner (Colonization), Nachana, District Jaisalmer.

4. Tehsildar (Colonization), Nachana No-2, District Jaisalmer.

                                                                      ----Respondents


For Petitioner(s)             :    Mr. A.R.Godara
For Respondent(s)             :

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

06/09/2023

1. Learned counsel for the petitioners, at the outset, submits

that identical matter involving the identical issue, has been

disposed of by this Court in Jannat & Ors. Vs. State of Rajasthan &

Ors.: S.B. Civil Writ Petition No.16992/2018, decided on 01.11.2018

and prayed that similar order be passed in the present case also.

The order dated 01.11.2018 reads as under:-

"Heard learned counsel for the petitioners.

Perused the material available on record.

[2023:RJ-JD:28329] (2 of 2) [CW-13264/2023]

The petitioners claim to be in possession of a chunk of agricultural land in the village Nachana, District Jaisalmer through their ancestors, who were allegedly cultivating the land even before the enactment of the Rajasthan Land Revenue Act, 1956. The petitioners received a notice under Section 22 of the Rajasthan Colonization Act treating them to be trespassers over the said chunk of land. They filed a suit for declaration under Sections 88, 188 read with Section 15 of the Rajasthan Tenancy Act; and Sections 125 and 136 of the Land Revenue Act seeking a direction for declaration of their rights on the land in question. Alongwith the suit, they also filed an application for injunction under Section 212 of the Rajasthan Tenancy Act read with Section 151 C.P.C.

A grievance is raised by the petitioners that on the one hand, the Dy. Commissioner (Colonization), IGNP, Nachana, District Jaisalmer is sitting tight over the petitioners' suit and the injunction application and at the same time, the respondent authorities are bent upon to dispossess the petitioners from the land in question on which, they claimed entitlement by virtue of old possession. Having regard to the peculiar facts and circumstances of the case, the Dy. Commissioner (Colonization), IGNP, Nachana before whom, the suit as well as injunction application of the petitioners are pending, is directed to expedite the proceedings of the suit and injunction application and shall try to conclude the same within a period of one year from the date of submission of copy of this order. Till the petitioners' suit and injunction application are decided, they shall not be dispossessed from the land in question. The writ petition as well as stay applications are disposed of in these terms."

2. The present writ petition is also disposed of in terms of the

aforequoted judgment Jannat & Ors. Vs. State of Rajasthan & Ors.

(supra). Stay petition also stands disposed of accordingly.

(DR.PUSHPENDRA SINGH BHATI),J 118-Sudheer/-

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