Dismissed

Nand Kishore v. State of Rajasthan

Rajasthan HC3 Oct 2018CW/13912/2018

Case brief

AI extract

What is this about?

The single-upon-order dismissed the writ petition in limine on grounds of delay. The petitioners had not filed the petition despite a delay of 20 to 30 years regarding encroachment on land recorded as a water body. The court noted no explanation was provided for the belated approach.

What did the court decide?

Writ petition dismissed in limine on account of approaching the Court belatedly and delay exceeding 20 years.

Nand Kishore Vs State of Rajasthan — Landlord and Tenant | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ No. 13912/2018

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Nand Kishore S/o Shri Om Prakash, Aged About 43 Years, By Caste Brahmin, Resident Of Village Dhandhela, TehsilNohar, District Hanumangarh (Rajasthan)

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Rajendra Kadwasara S/o Shri Surja Ram, Aged About 52 Years, By Caste Jat, Resident Of Village Dhandhela, Tehsil- Nohar, District Hanumangarh (Rajasthan).

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----Petitioners

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Versus

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State Of Rajasthan through District Collector, Hanumangarh (Rajasthan).

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The Sub Divisional Magistrate, Nohar, District Hanumangarh (Rajasthan)

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The Tehsildar (Revenue), Nohar District Hanumangarh (Rajasthan).

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The Gram Panchayat- Dhandhela, Through Its Secretary, Panchayat Samiti Nohar, District Hanumangarh (Rajasthan).

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----Respondents

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For Petitioner(s) : Mr. Trilok Joshi For Respondent(s) : ----

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HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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03/10/2018

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Though the writ petitioners have espoused a cause which prima-facie requires intervention by the Court but we are not inclined to do so. Grievance of the petitioners is to encroachment on land comprised in Khasra No.172 which was as per the revenue record to be maintained as a water body.

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(2 of 2)

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[CW-13912/2018]

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The area of the land comprised in said Khasra No.172 is 1.012 hectares and Annexure 6, being the report of the Patwari, records that currently the water body is restricted to only 0.290 hectares and that heavy encroachment took place between 20 to 30 years ago evidenced by the fact that houses were constructed commencing from 30 years ago till 20 years ago.

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We have asked learned counsel for the petitioners repeatedly as to why the petitioners approached this Court after 20 to 30 years of the encroachment being made. There is no answer to the same.

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On account of approaching this Court belatedly and the delay being more than 20 years, we dismiss the writ petition in limine.

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(DR. PUSHPENDRA SINGH BHATI),J (PRADEEP NANDRAJOG),CJ

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/zeeshan/12

Nand Kishore v. State of Rajasthan

Case brief

What is this about?

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Nand Kishore v. State of Rajasthan

Case brief

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