Rajasthan High Court - Jodhpur
Shankar Desai vs State Of Rajasthan (2025:Rj-Jd:3636) on 20 January, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:3636] (1 of 3) [CW-91/2025]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 91/2025
Shankar Desai S/o Sh. Kala Ji, Aged About 72 Years, Resident Of
C/o Kanak Dining Hall, Machgaon, Mount Abu, District Sirohi.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Local Self
Government, Secretariat, Jaipur.
2. State Of Rajasthan, Through Secretary, Department Of
Revenue, Secretariat, Jaipur.
3. Commissioner, Settlement Department, Gopal Bari,
Jaipur.
4. Collector, Officer Of District Collector, Sirohi.
5. Director, Local Bodies, Office Of Director, Local Self
Government , G-3, Rajmahal Residencial Area, C-Scheme,
Near Civil Line Phatak, Jaipur.
6. Municipal Board, Mount Abu Through Its Commissioner,
Sirohi.
7. Sub-Divisional Officer, Mount Abu, District Sirohi.
8. Superintending Engineer, Department Of Pwd, Sirohi.
9. Harsh Ram Gehani, Through His Power Of Attorney Holder
Smt. Manju Gurbani, W/o Harsh Ram Gehani, Proprietor
Of Hotel Shanti, Mount Abu, District Sirohi,.
10. Geeta Gehani, Proprietor Of Hotel Shanti, Mount Abu.
11. Tehsildar, Deldar, District Sirohi.
----Respondents
For Petitioner(s) : Mr. O.P. Mehta, through VC
Mr. V.D. Gaur
Mr. Falgun Buch
Mr. Tanay Jain.
For Respondent(s) : Mr. Rajesh Panwar, AAG & Sr.
Advocate assisted by
Ms. Meenal Singhvi.
Mr. Dhirendra Singh, Sr. Advocate
assisted by Ms. Priyanka Borana
Mr. B.S. Sandhu
Mr. Shreyansh Mardia.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
20/01/2025
1. Heard learned counsel for the parties.
[2025:RJ-JD:3636] (2 of 3) [CW-91/2025]
2. The present writ petition has been filed with the following
prayers:-
"A. According to judgment and order dated 13.01.2022
(Annex.3), the respondent Commissioner, Municipal
Council, Mount Abu be directed to verify, and examine the
original records of the petitioner and the private
respondent to identify the core controversy of the
boundary of Yashoda Bhawan and Harsh Bhawan of hotel
Shanti and Kanak Dining Hall with a proper checklist.
B. In the alternative, the revenue department may kindly
be directed to undertake survey of entire Machgaon and
Sanigaon with all their khasras along with the aid and
assistance of the Settlement Department as
recommended by the SDO in his letter dated 28.11.2024
(Annex.14) to overcome the boundary dispute."
3. Learned counsel for the petitioner, instead of joining the
issues on merit, submits that petitioner will be satisfied if an
inspection team, as mentioned in Annexure-16, is constituted and
an inspection of the area in question is conducted.
4. Learned counsel for the respondents are in agreement with
the submissions made by learned counsel for the petitioner and
they submit that if a joint inspection team is constituted,
comprising Officers from the Department of Settlement as well as
Officers from the Collectorate (Revenue) and they conduct a
survey, then the issue can be resolved.
5. I have considered the submissions made at the bar and gone
through the record of the case.
6. It appears that vide order dated 13.12.2024, the Collector
has requested the Commissioner, Settlement for constituting a
team from his department, which shall include the Officers from
Revenue Department, for conducting a survey/inspection of the
area in question, however, vide order dated 24.12.2024, only the
[2025:RJ-JD:3636] (3 of 3) [CW-91/2025]
Officers of Revenue Department were directed to undertake the
process of demarcation/survey.
7. In view of the submissions made before this Court, ends of
justice will be met if a joint survey team consisting of the Officers
from the Settlement Department and Revenue Department is
constituted to undertake the process of survey of the area in
question.
8. Thus, the present writ petition is disposed of with a direction
to constitute a joint team of Officers consisting the
Members/Officers of Settlement Department and Revenue
Department/Collectorate to undertake the survey of the area in
question.
9. The joint team so constituted shall undertake the process of
survey of the entire area in question as per Rules. The parties or
their representatives may also present themselves during survey
and submit the relevant documents to the joint inspection team.
The joint inspection team will be free to consider the documents
presented by both the parties during the course of survey while
preparing the report.
10. It is also ordered that a representative/Officer from the
Municipal Corporation shall also be included in the survey team.
11. It is also made clear that the joint survey team will be
constituted within a period of two weeks from the date of receipt
of certified copy of this order, and the survey shall be undertaken
within a period of four weeks thereafter.
(VINIT KUMAR MATHUR),J
94-Shahenshah/-
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