Birmaram vs State Of Rajasthan (2024:Rj-Jd:9431)
2024 Latest Caselaw 1825 Raj

Rajasthan High Court - Jodhpur

Birmaram vs State Of Rajasthan (2024:Rj-Jd:9431) on 23 February, 2024

Author: Nupur Bhati

Bench: Nupur Bhati

[2024:RJ-JD:9431]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR
             S.B. Civil Writ Petition No. 2551/2024

1.       Birmaram S/o Birmaram, Aged About 65 Years, By Caste
         Meghwal, R/o Village Moha Rewala Tehsil Pokaran, District
         Jaisalmer.
2.       Tikuram S/o Birmaram, Aged About 38 Years, By Caste
         Meghwal, R/o Village Moha Rewala Tehsil Pokaran, District
         Jaisalmer.
                                                      ----Petitioners
                              Versus
1.       State Of Rajasthan, Through Commissioner, Colonization
         Department, Bikaner
2.       The Assistant Collector Cum Dy. Commissioner,
         Colonization, Nachana, District Jaisalmer, Raj..
3.       The Tehsildar, Colonization, Tehsil Nachna-1, District
         Jaisalmer, Raj.
                                                    ----Respondents


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


               HON'BLE DR. JUSTICE NUPUR BHATI

Order

23/02/2024

Learned counsel for the petitioners shows the order passed

by the Coordinate Bench on 04.07.2023 in the case of SBCWP

No.8699/2023 : Shri Lal Singh & Ors. Vs. State of

Rajasthan & Ors., and submits that similar order/directions may

be passed in the present petition also.

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 25.10.2016 passed by the Assistant Collector and Deputy

Commissioner, Colonization IGNP, Nachana, District Jaisalmer in

revenue suit No.99/2016.

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

[2024:RJ-JD:9431] (2 of 2) [CW-2551/2024]

application filed by the petitioners was also allowed vide judgment

dated 25.10.2016 passed by the Assistant Collector and Deputy

Commissioner, Colonization IGNP, Nachana, District Jaisalmer.

The petitioners are claiming that pursuant to the judgment

dated 25.10.2016, they have approached the respondent No.3 on

several occasions to comply with the judgment dated 25.10.2016,

but the respondent No.3-Tehsildar Colonization, Nachana-1,

District Jaisalmer, is not passing any order in terms of the above

referred judgment.

A limited prayer is made by the 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 petitioner filed by them from time to time,

and decide the same.

In view of the limited prayer made on behalf of the

petitioners, the instant writ petition is disposed of with the

direction that the respondent No.3-Tehsildar Colonization,

Nachana-1, District Jaisalmer, to consider and decide the

representation of the petitioners strictly in accordance with law,

expeditiously, preferably within a period of three months from the

date of receipt of certified copy of this order.

Stay application as well as all other pending applications, if

any, also stand disposed of accordingly.

(DR. NUPUR BHATI),J

47-/Devesh/-

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