Dismissed

Sharvan Kumar S/O Durgaram v. State of Rajasthan

Rajasthan HC6 Oct 2021CW/10716/2021

Case brief

AI extract

What is this about?

The petitioner challenged a Revenue Board order alleging harassment regarding land measurement and alleged encroachment. The Court held it could not enter into factual determinations in suo motu jurisdiction. It ruled the writ petition fails unless the petitioner establishes possession or title, granting liberty to file objections with the authorities.

What did the court decide?

Liberty granted to file objections before the revenue authorities; stay petition dismissed.

Sharvan Kumar S/O Durgaram Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10716/2021

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Sharvan Kumar S/o Durgaram, Aged About 60 Years, R/o Bagor, Tehsil Khetri, District Jhunjhunu.

¶5

----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Revenue Secretariat, Jaipur.

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The District Collector, Jhunjhunu.

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The Sub Divisional Officer, Khetri, District Jhunjhunu.

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The Tehsildar, Tehsil Khetri, District Jhunjhunu.

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The District Education Officer, Elementary Education, District Jhunjhunu.

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The Government Upper Primary School, Bagor, Khetri, District Jhunjhunu Through Its Headmaster.

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----Respondents

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For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) : -

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JUSTICE DINESH MEHTA

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Order

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06/10/2021

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By way of the present writ petition, the petitioner has challenged the order dated 15.10.2020, passed by the Board of Revenue, Ajmer in Reference/LR/4159/2011/Jhunjhunu.

¶19

Learned counsel for the petitioner submits that the petitioner is having Khatedari land in Khasra No.106, 110 and 111 of village Bagor, Patwar Halka Bilwa, Tehsil Khetri, whereas the reference in question was made for Khasra No.112.

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Learned counsel submits that in the guise of the order aforesaid, the Revenue authorities are harassing the petitioner

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(2 of 2)

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[CW-10716/2021]

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and doing measurement and demarcation of petitioner’s land and asking him to remove his construction alleging it to be encroachment.

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In the opinion of this Court, the petitioner has to satisfy respondent – authority, as to whether he is having possession or title of the land in question.

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This Court in extra-ordinary jurisdiction cannot enter into factual determination.

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The writ petition, therefore, fails.

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However, a liberty is given to the petitioner to file his objections and reply before the respondents including respondent No.2 – District Collector, Jhunjhunu, who shall obviously proceed in accordance with law.

¶28

Stay petition also stands dismisses accordingly.

¶29

(DINESH MEHTA),J

¶30

117-RAMESH GOYAL JODH /-

Sharvan Kumar S/O Durgaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sharvan Kumar S/O Durgaram v. State of Rajasthan

Case brief

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What did the court decide?

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