Rajasthan High Court - Jodhpur
Smt. Aruna vs Shubh Karan (2024:Rj-Jd:10113) on 28 February, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:10113]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16582/2023
Smt. Aruna W/o Shri Tej Singh Ujjawal, Aged About 72 Years,
Resident Of - Opposite Police Line, Ratanada, District Jodhpur,
Rajasthan.
----Petitioner
Versus
1. Shubh Karan S/o Shri Tejdan Detha, Resident Of -
Borunda, Tehsil Bilara, District Jodhpur, Rajasthan.
(Deceased)
2. Lal Singh S/o Shri Chhagan Singh, Resident Of- Borunda,
Tehsil Bilara, District Jodhpur, Rajasthan.
3. Prakash S/o Luna Ram, Resident Of- Borunda, Tehsil
Bilara, District Jodhpur, Rajasthan.
4. Gram Panchayat Borunda, Through Its Sarpanch, Gram
Panchayat Borunda, Tehsil Bilara, District Jodhpur,
Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 16587/2023
Manju Detha W/o Shri Durga Shankar, Aged About 58 Years,
Resident Of - Street Opposite KN College, Gurukul Hostal,
Jodhpur, Rajasthan.
----Petitioner
Versus
1. Rughnath Singh Detha S/o Shri Tejdan Detha, Resident Of
- Borunda, Tehsil Bilara, District Jodhpur, Rajasthan.
2. Lal Singh S/o Shri Chhagan Singh, Resident Of- Borunda,
Tehsil Bilara, District Jodhpur, Rajasthan.
3. Prakash S/o Shri Luna Ram, Resident Of- Borunda, Tehsil
Bilara, District Jodhpur, Rajasthan.
4. Gram Panchayat Borunda, Through Its Sarpanch, Gram
Panchayat Borunda, Tehsil Bilara, District Jodhpur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kuldeep Singh Solanki
For Respondent(s) : Mr. Tej Singh Rathore
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
28/02/2024
1. Heard learned counsel for the parties.
2. Learned counsel for the respondents submits that the
controversy involved in the present cases is squarely covered by
[2024:RJ-JD:10113] (2 of 3) [CW-16582/2023]
the judgment rendered by a Co-ordinate Bench of this Court in a
bunch of writ petitions led by S.B. Civil Writ Petition
No.10962/2012 : Smt. Usha vs. State of Rajasthan & Ors.
and other connected matters decided on 13.03.2018 in the
following terms :
"In view of the discussion made herein above
and keeping in view the law as laid down by the Full
Bench in the case of Chiman Lal (supra) and the
learned Single Bench in the case of Looni Devi
(supra), this Court is least convinced that the bogey
of delay or jurisdiction could have come in the way of
the revisional court while entertaining the challenge
laid to the disputed pattas which were issued in a
totally fraudulent, corrupt and illegal manner and in
flagrant disregard to the rules. The revisional court,
objectively and after just and thorough appreciation of
facts available on record, reached to the only possible
and logical conclusion that the pattas in question were
procured by the petitioner Chandi Dan for himself and
his family members dehors the statutory provisions
and with the sole intention of grabbing invaluable
public land at ridiculously throw away prices. The
entire exercise smacks of fraud, forgery, nepotism and
favouritism. The factual situation of the case at hand is
squarely covered by the judgment in the case of Looni
Devi (supra).
Finding no shortcoming, illegality or arbitrariness
in the impugned orders, I am not inclined to interfere
therein while exercising extraordinary writ jurisdiction
of this Court.
Hence, the writ petitions are dismissed as being
of merit.
The District Collector, Jodhpur is directed to
ensure that the possession of the lands in question is
forthwith recovered and entrusted to the Panchayat
concerned. The competent authority shall be at liberty
to auction the plots in question as per currently
prevalent statutory provisions.
The report regarding restoration of possession
shall be submitted for this Court's perusal on
23.05.2018.
A copy of this order be placed in each file."
4. Learned counsel for the petitioners is not is a position to
distinguish the case of the present petitioners with the case of
[2024:RJ-JD:10113] (3 of 3) [CW-16582/2023]
Smt. Usha (supra) and he is also not in a position to controvert
the submission made by learned counsel for the respondents.
5. In view of the discussion made above, the present writ
petitions are dismissed being devoid of any force.
6. Photocopy of this order be placed in the connected file.
(VINIT KUMAR MATHUR),J
55-56-Arun P/-
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