Writ petitions challenging eviction notices for alleged illegal possession of shops were dismissed as withdrawn with liberty to file statutory appeals. Status quo for one month was directed pending appeals.
Writ petitions dismissed as withdrawn; liberty granted to file statutory appeals under Section 97-A within one month; status quo maintained for one month.
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. 14596 / 2017
Tilaram Dangi S/o Shri Tola Ram, Aged About 65 Years, R/o Village Kharbadiya, Post Matun, Tehsil Girwa, District Udaipur.
----Petitioner
Versus
----Respondents
CONNECTED WITH
S.B. Civil Writ Petition No. 14597 / 2017
Anuj Bhandari S/o Shri Dayal Singh Bhandari, Aged About 40 Years, R/o 54, Anand Nagar, Ayad Puliya, Udaipur.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 14598 / 2017
Hemant Kumar S/o Shri Bhagwati Lal Khatik, Aged About 32 Years, R/o Village & Post Sakroda, Tehsil Girwa, District Udaipur.
----Petitioner
Versus
(2 of 4)
[CW-14596/2017]
----Respondents
S.B. Civil Writ Petition No. 14612 / 2017
Madanlal Sancheti, S/o Shri Indermal, Aged About 60 Years, R/o Village & Post Jashma, Tehsil Kapasan, District Chittorgarh
----Petitioner
Versus
----Respondents
_____________________________________________________ For Petitioner(s) : Ms. Varsha Purohit Mr. Bhuvneshar For Respondent(s) : Mr. Manish Patel, Dy.GC
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
16/11/2017
By way of these writ petitions the petitioners have challenged the notices issued by the Vikas Adhikari, Panchayat Samiti Girwa, District Udaipur on different dates, whereby the petitioners are asked to furnish their explanation that why they should not be evicted from the illegal possession over the disputed shops.
(3 of 4)
[CW-14596/2017]
Learned counsel appearing for the respondents has submitted that similar kind of writ petitioners have been decided by this Court, wherein the writ petitions are dismissed as being not maintainable on account of alternate remedy available to the petitioners to file statutory appeals under Section 97-A of the Rajasthan Panchayati Raj Act, 1994 (hereinafter to be referred as ‘the Act of 1994’). The copies of the orders passed by this Court in S.B. Civil Writ Petition No.10883/2016 (Tushar Jain Vs. State & Ors.) decided on 23.11.2016, S.B. Civil Writ Petition No.8308/2016 (Mansoor Khan Vs. State & Anr.) decided on 06.04.2017 and S.B. Civil Writ Petition No.2508/2017 (Amrik Singh Vs. State & Ors.) decided on 02.08.2017 are pressed into service.
At this stage, learned counsels for the petitioners have submitted that they may be allowed to withdraw these writ petitions with liberty to the petitioners to file statutory appeals under Section 97-A of the Act of 1994 before the competent authority. It is also prayed that till the appeals are filed by the petitioners, the Panchayat Samiti, Girwa, District Udaipur be directed to maintain status quo, as it exists today, in respects of the shops in question.
Learned counsel for the respondents has no objection if the liberty is granted to the petitioners to file statutory appeals as provided under the law.
Having considered the submissions made on behalf of the petitioners, these writ petitions are dismissed as withdrawn with the liberty to the petitioners to file statutory appeals under
(4 of 4)
[CW-14596/2017]
Section 97-A of the Act of 1994 before the competent authority within a period of one month from today.
However, the Panchayat Samiti, Girwa, District Udaipur is directed to maintain status quo, as it exists today, in respect of the shops in question for a period of one month from today.
It is also ordered that if the petitioners file appeals under Section 97-A of the Act of 1994 against the impugned action of the Panchayat Samiti, Girwa, District Udaipur within a period of one month from today, it shall be treated within limitation.
Stay petitions are dismissed.
(VIJAY BISHNOI)J.
Abhishek Kumar S.Nos.31 to 34
1 issue framed by the court
Whether petitioners can withdraw writ petitions with liberty to file statutory appeals under Section 97-A of the Rajasthan Panchayati Raj Act, 1994 regarding eviction notices.
Colour shows how this judgement treated each authority
Tushar Jain Vs. State & Ors.Referred¶40
S.B. Civil Writ Petition No.10883/2016 (Tushar Jain Vs. State & Ors.)
Mansoor Khan Vs. State & Anr.Referred¶40
S.B. Civil Writ Petition No.8308/2016 (Mansoor Khan Vs. State & Anr.)
Amrik Singh Vs. State & Ors.Referred¶40
S.B. Civil Writ Petition No.2508/2017 (Amrik Singh Vs. State & Ors.)
1 provisions across 1 enactments
Tilaram Dangi
Anuj Bhandari
Hemant Kumar
Madanlal Sancheti
State of Rajasthan
Panchayat Samiti, Girwa, District Udaipur
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
