Writ petition regarding land encroachment and nuisance. Court directed petitioner to submit a detailed representation to the District Collector, requiring a reasoned decision within two months. Application disposed.
Directed District Collector to decide a detailed representation submitted by the petitioner within two months. Writ application disposed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10049/2019
Ramkala W/o Hansraj, Aged About 48 Years, By Cast Aheer, R/o Village Hajnaka, Tehsil Kotkasim, District Alwar.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. G.S. Rathore For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDRA SINGH SIRADHANA
Order
10/07/2019
The petitioner has approached this Court complaining of encroachment by respondent No.5, on his land. It is further contended that even the recorded way, already in existence, is not being allowed to be used for the private respondent creates nuisance for which petitioner’s husband addressed a representation to the Tehsildar on 18th July, 2017, who, in turn, transmitted it to the SHO, Khuskheda, leading to registration of a complaint under Section 133 Cr.P.C. The Governmental Enforcement Agency after an inquiry concluded that private
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[CW-10049/2019]
respondent No.5, has encroached upon the land, which is a part of way and has created a nuisance.
Learned counsel further submits that she also addressed a detailed representation to the District Administration; but the same has failed to evoke any response, and therefore, she has been constrained to file this writ application.
Upon hearing learned counsel for the petitioner and on perusal of the material available on record; for the present, the petitioner is required to approach the District Collector, Alwar, through a comprehensive representation detailing out the factual matrix enclosing the relevant documents within two weeks hereinafter.
In case, a representation is so addressed within the aforesaid period, the State-respondents are directed to consider and decide the same by a reasoned and speaking order, in accordance with law, as expeditiously as possible; however, in no case later than two months from the date of receipt of the representation along with a certified copy of this order.
With the observations and directions, as indicated above, the writ application stands disposed off.
(VEERENDRA SINGH SIRADHANA),J
Bmg/83
1 issue framed by the court
Whether the petitioner should approach the District Collector with a comprehensive representation regarding claimed land encroachment and nuisance.
1 provisions across 1 enactments
Ramkala W/o Hansraj
State Of Rajasthan
District Collector, Alwar
Sub- Divisional Officer, Kotkasim
Tehsildar, Kotkasim
Dalip S/o Mangturam
Veerendra Singh Siradhana
As recorded by the court registry
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