Perbhu Dayal vs State And Ors. (2025:Rj-Jd:38577)
2025 Latest Caselaw 11817 Raj

Rajasthan High Court - Jodhpur

Perbhu Dayal vs State And Ors. (2025:Rj-Jd:38577) on 28 August, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:38577]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                   S.B. Civil Writ Petition No. 3045/1988

Perbhu      Dayal     Midha       Son     of    Hansraj       Midha    Ward    No.7,
Srivijaynagar
                                                                       ----Petitioner
                                        Versus
1. State of Rajasthan
2. Collector, Sriganganagar.
3. Tehsildar (Revenue), Srivijaynagar
                                                                    ----Respondents


For Petitioner(s)             :    None present
For Respondent(s)             :    Mr. S.R. Paliwal, GC



              HON'BLE MS. JUSTICE REKHA BORANA

Order

28/08/2025

1. None appears for the petitioner.

2. Learned counsel for the respondents fairly submits that five

identical writ petitions led by S.B. Civil Writ Petition

Nos.2183/1988; Khushi Ram Kiln Company Vs. State of

Rajasthan & Ors. have already been allowed by the judgment

passed by a Co-ordinate Bench of this Court vide order dated

15.04.2002.

3. In Khushi Ram's case (supra), the Court observed as

under:

"10. For the reasons given above, the order dated 4.6.1988 (Annex.3) passed by the respondent no.2 Collector, Sri Ganganagar in pursuance of the condition no.20 (3) of the Conditions of 1966 cannot be sustained and similarly, the demand notice dated 30.06.1988 (Annex.4) issued by the

[2025:RJ-JD:38577] (2 of 2) [CW-3045/1988]

respondent no.3 Tehsildar (Revenue), Sri Ganganagar cannot be sustained and they are liable to be quashed and this writ petition deserves to be allowed.

Accordingly, this writ petition filed by the petitioner is allowed and the impugned order dated 4.6.1988 (Annex.3) passed by the respondent no.2 Collector, Sri Ganganagar and the demand notice dated 30.06.1988 (Annex.4) issued by the respondent no.3 Tehsildar (Revenue), Sri Ganganagar are quashed. No order as to costs."

4. In view of the above, the present writ petition is also

allowed. Demand notice dated 09.09.1988 (Exhibit-3) is hereby

quashed and set aside.

5. Stay petition and pending applications, if any, stand

disposed of.

(REKHA BORANA),J 289-Devanshi/-

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