Dismissed

Pirane Khan v. State of Rajasthan through the Secretary

Rajasthan HC20 Jul 2019CW/8966/2018

Case brief

AI extract

What is this about?

Petitioner challenged eviction orders and sought regularization of land possession. Court disposed of the writ petition by directing the competent authority to decide pending regularization applications expeditiously within two months, preventing dispossession pending that decision.

What did the court decide?

Direction to competent authority to decide regularization applications within 2 months; no dispossession pending decision.

Pirane Khan Vs State of Rajasthan through the Secretary — Land Acquisition | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 8966/2018

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Pirane Khan S/o Adu Khan, Aged About 39 Years, Village Post Turke Ki Basti, Sam, District Jaisalmer

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----Petitioner

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Versus

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State Of Rajasthan Through The Secretary, Colonization Department, Govt. Of Rajasthan, Jaipur

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Board Of Revenue, For Rajasthan At Ajmer Through Its Registrar, Ajmer

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Additional Commissioner, Colonization Cum Revenue Appellate Authority, Jaisalmer

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Deputy Commissioner, Colonization Cum Revenue Appellate Authority, Jaisalmer

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Tehsildar, Colonization, Jaisalmer -I, District Jaisalmer

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----Respondents

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For Petitioner(s) : Ms. Anjali Gopa

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JUSTICE DINESH MEHTA

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Order

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20/07/2019

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Learned counsel for the petitioner, at the outset,

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submits that the present case is squarely covered by a Coordinate Bench decision dated 25.10.2019, passed in S.B. Civil Writ Petition No.16500/2018 [Hazi Khan Vs. State of Rajasthan & Ors.], which

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reads thus:-

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“These three writ petitions involves common questions of facts and law. Thus, they are being decided by this common order.

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The petitioners herein have approached this court seeking to assail the identical orders dated 31.10.2011 passed by the Tehsildar, Mohangarh dated 31.10.2011, orders dated 31.07.2012

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(2 of 3)

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[CW-8966/2018]

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passed by the Revenue Appellate Authority and the judgment dated 26.04.2017 passed by the Board of Revenue, Ajmer.

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At the outset, learned counsel representing the petitioners restricted her prayer to the extent that the applications filed by the petitioners for regularization under Rule 21-A of the Rajasthan Colonization (Allotment and Sale of Government Land in Indira Gandhi Canal Colony Area) Rules, 1975 (for short, ‘the Rules of 1975’) seeking regularization of the land in question may be decided as expeditiously as possible.

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The petitioners claim to be having cultivatory possession of the lands falling in the command areas in the Mohangarh Canal. The Tehsildar, Mohangarh issued notices of dispossession to the petitioners under Section 22 of the Rajasthan Colonization Act, 1954. The petitioners appeared before the Tehsildar and prayed that they are ready to pay the allotment price and thus, their possession may be regularized. However, the Tehsildar passed the orders dated 31.10.2011 in all of the cases directing eviction of the petitioners from their respective chunks of lands in their possession. The appeals preferred by the petitioners before the Additional Commissioner, Colonization – cum – Revenue Appellate Authority, Jaisalmer were dismissed by the orders dated 31.07.2012. The Board of Revenue dismissed the revisions preferred by the petitioners by the judgments dated 26.04.2017.

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It is undisputed that the applications filed by the petitioner seeking regularization under the Rules of 1975 are still pending. In view of these facts, these writ petitions are disposed of with a direction to the competent authority to decide the applications preferred by the petitioners for regularization of their possession under the Rules of 1975 expeditiously and as far as possible within a period of 2 months from the date of receipt of a copy of this order. Till such applications are decided, the petitioners will not be dispossessed from the disputed chunks of lands.”

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The present writ petition is disposed of in the above

terms.

(3 of 3)

[CW-8966/2018]

The Stay Application No.8922/2018 also stands

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disposed of accordingly.

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(DINESH MEHTA),J

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2-skm/-

Pirane Khan v. State of Rajasthan through the Secretary

Case brief

What is this about?

What did the court decide?

Pirane Khan v. State of Rajasthan through the Secretary

Case brief

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What did the court decide?

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