The High Court of Rajasthan dismissed a writ petition challenging notices to remove encroachments on Panchayat land, holding the proceeding premature as the Gram Panchayat had not yet taken a final decision after considering the petitioner's reply.
Writ petition and stay petition dismissed as premature pending final decision by Gram Panchayat.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 14443 / 2017
Mohan Lal S/o Shri Vardhi Shankar Joshi, Aged About 55 Years, Resident of Khamnore, Tehsil Khamnore, District Rajsamand (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Chaitanya Gehlot
Mr. B.S. Sodha
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
09/11/2017
Learned counsel for the petitioner has submitted that a similar writ petition being S.B. Civil Writ Petition No.13709/2017 (Shankar Lal Vs. State of Rajasthan & Ors.) has already been dismissed by this Court vide order dated 01.11.2017.
(2 of 3)
[CW-14443/2017]
The order dated 01.11.2017 passed by this Court in S.B.
Civil Writ Petition No.13709/2017 (Shankar Lal Vs. State of
Rajasthan & Ors.) is reproduce hereunder:-
“The petitioner has filed this writ petition being aggrieved with the general notice dated 16.02.2017 and the individual notices dated 05.09.2017 and 14.09.2017 issued by the Gram Panchayat Khamnore, Panchayat Samiti Khamnore, District Rajsamand.
Vide these notices, the Gram Panchayat Khamnore has directed the petitioner and other persons to remove their encroachments from the Panchayat land.
The petitioner is claiming that she has not made any encroachment over any land belonging to Gram Panchayat Khamnore and she has raised construction over the land belonging to her, for which the Gram Panchayat Khamnore has issued a patta way back in the year 1975 in favour of her.
The Gram Panchayat Khamnore has issued notice to the petitioner on 14.09.2017 directing her to remove alleged encroachment made by her on the land belonging to Panchayat Samiti Khamnore. As per the petitioner, she has already filed her detailed reply in response to the said notice of the Gram Panchayat Khamnore. Learned counsel for the petitioner has not been able to inform this Court that whether the Gram Panchayat Khamnore has taken any final decision in the matter or not.
Having considered the facts and circumstances of the case, this Court is of the opinion that the Gram Panchayat Khamnore has simply issued notice to the petitioner to remove the alleged encroachment made by her over the land belonging to Panchayat and the petitioner has filed her reply to the said notice refuting the claim of the Gram Panchayat Khamnore. Till date the Gram Panchayat Khamnore has not taken any final decision in the matter and, therefore, this writ petition filed by the petitioner is premature.
Needless to say that the Gram Panchayat Khamnore
(3 of 3)
[CW-14443/2017]
will take final decision in the matter after taking into consideration the reply filed by the petitioner to the notice dated 14.09.2017. If the petitoiner is aggrieved by the said decision she has a remedy to prefer an appeal before the Panchayat Samiti concerned as per Section 61 of the Rajasthan Panchayati Raj Act, 1994.
In view of the above discussions, I don’t find any merit in this writ petition. The same is hereby dismissed.
Stay petition also stands dismissed.”
In view of the above, this writ petition is also dismissed accordingly.
Stay petition also stands dismissed.
(VIJAY BISHNOI)J.
Abhishek Kumar S.No.166
2 issues framed by the court
Whether the writ petition is premature as the Gram Panchayat has not made a final decision on the alleged encroachment.
Whether the dismissal of the writ petition was in view of the premature nature of the proceeding.
Colour shows how this judgement treated each authority
Shankar Lal Vs. State of Rajasthan & Ors.Referred¶17
S.B. Civil Writ Petition No.13709/2017 (Shankar Lal Vs. State of Rajasthan & Ors.)
1 provisions across 1 enactments
Mohan Lal S/o Shri Vardhi Shankar Joshi
The State of Rajasthan Through the Principal Secretary, Department of Panchayati Raj, Government of Rajasthan
The District Collector, Rajsamand
The Sub-Divisional Officer, Nathdwara
The Tehsildar, Khamnore
The Sarpanch, Gram Panchayat, Tehsil Khamnore
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
