Jagdish Singh Kothyari S/O Shri Mohan ... vs Aparna Arora, (2024:Rj-Jp:386-Db)
2024 Latest Caselaw 19 Raj/2

Rajasthan High Court

Jagdish Singh Kothyari S/O Shri Mohan ... vs Aparna Arora, (2024:Rj-Jp:386-Db) on 3 January, 2024

Bench: Manindra Mohan Shrivastava, Praveer Bhatnagar

[2024:RJ-JP:386-DB]

            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR

                  D.B. Civil Contempt Petition No.108/2023

Jagdish Singh Kothyari S/o Shri Mohan Singh Kothyari, Aged 66 Years,
R/o Hodayali, tehsil Lalsot, District Dausa, Rajasthan- 303503.
                                                                         ----Petitioner
                                        Versus
1.        Aparna Arora, Chief Secretary, Revenue Department, Govt.
          Secretariat, Jaipur.
2.        Shri Kamar Ul Zaman Choudhary, Collector, District Dausa.
3.        Secretary, Revenue Department, Govt. Secretariat, Jaipur.
                                                                      ----Respondents

For Petitioner(s) : Mr. Kailash Chander Sharma, Advocate For Respondent(s) : Mr. Rajesh Maharshi, Additional Advocate General

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment

03/01/2024

The additional affidavit which has been filed today states that the

encroachment as alleged by the petitioner has been removed. A site

report dated 09.10.2023 prepared and signed by Tehsildar Nirjharna in

presence of Halka Patwari and Gram Vikas Adhikari is also annexed. The

report says that the encroachment on land which was subject matter of

D.B. PIL Writ Petition No.8827/2022 has been removed.

Learned counsel for the petitioner would submit that instructions

from the petitioners are to state that the encroachment has not been

removed.

Disputed questions of facts cannot gone into by this court. In view

of the reply of the respondent this court is not inclined to proceed further

[2024:RJ-JP:386-DB] (2 of 2) [CCP-108/2023]

in the matter. However, if it is the case of the petitioner that the

encroachment has not been removed or partially removed, his remedy

lies in moving an application under Section 91 of the Rajasthan Land

Revenue Act, 1956 before the concerned Tehsildar.

Contempt petition is disposed off.

Rule stands discharged.

(PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Diksha/Yogesh/62

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