Rajasthan High Court - Jodhpur
Ganpat Lal vs State Of Rajasthan (2025:Rj-Jd:36362) on 14 August, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:36362]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13788/2025
1. Ganpat Lal S/o Sh. Poonaram, Aged About 40 Years, R/o
Main Road, Uchiyarda To Hars Deval Via Shivnagari, Tehsil
Bilara, Dist. Jodhpur (Raj.).
2. Dinesh S/o Sh. Poonaram, Aged About 37 Years, R/o Main
Road, Uchiyarda To Hars Deval Via Shivnagari, Tehsil
Bilara, Dist. Jodhpur (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Local Self
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. Municipal Board, Bilara, Tehsil Bilara, Dist. Jodhpur
Through Its Executive Officer.
3. Executive Officer, Municipal Board, Bilara, Tehsil Bilara,
Dist. Jodhpur.
----Respondents
For Petitioner(s) : Mr. Nimesh Suthar
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
14/08/2025
1. Learned counsel for the petitioners submitted that the
petitioners are in lawful possession of the land in dispute on the
basis of a patta issued in their favour by the Nagar Palika, Bilara
(Jodhpur). Learned counsel submitted that despite the fact that a
valid patta for the land in question has been issued by the Nagar
Palika, Bilara in favour of the petitioners, the Executive Officer,
Nagar Palika, Bilara on 05.06.2025 has issued a notice in the
name of mother of the petitioners alleging inter alia that she has
[2025:RJ-JD:36362] (2 of 3) [CW-13788/2025]
encroached upon the land in question and was given seven days
time to vacate the same.
2. Learned counsel further submitted that the petitioner
immediately after receiving the notice dated 05.06.2025 has
submitted a reply to the Executive Officer informing him that the
piece of land has been allotted in their name by the Nagar Palika,
Bilara after following due procedure of law and, therefore, the
impugned notice dated 05.06.2025 may be withdrawn. However,
the Executive Officer has yet not withdrawn the notice dated
05.06.2025 and is adamant to remove the petitioners from legal
and valid possession over the land in question.
4. Heard learned counsel for the petitioner. Perused the
material available on record.
5. Having considered the facts and circumstances of the case
particularly the fact that as per the petitioners, they have been
issued a valid patta in relation to the land in question by the Nagar
Palika, Bilara on 23.06.2023, this Court deems it just and
appropriate to dispose of the writ petition with liberty to the
petitioners to file a fresh representation along with a web copy of
this judgment within a period of two weeks from today.
6. In case a representation is so addressed, the Executive
Officer, Nagar Palika, Bilara shall consider the same in accordance
with law and shall pass a speaking order thereupon preferably
within a period of four weeks from the date of receipt of such
representation.
7. It is made clear that till the representation to be submitted
by the petitioner within two weeks from the date of this order is
decided by the Executive Officer, Nagar Palika, Bilara no action for
[2025:RJ-JD:36362] (3 of 3) [CW-13788/2025]
dispossessing the petitioners from the disputed piece of land shall
be taken by the respondents.
8. With the aforesaid directions, the present writ petition as
well as stay application stand disposed of.
(KULDEEP MATHUR),J
33-divya/-
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