Disposed

Ram Niwas Son of Shri Chuni Lal Meena v. State of Rajasthan

Rajasthan HC13 Jan 2021CW/215/2021

Case brief

AI extract

What is this about?

Petitioner challenged an order for removing encroachment as vires natural justice. Court directed maintaining status quo allowed petitioner to submit representation within one week with decision within one month before order expires.

What did the court decide?

Maintain status quo while petitioner submits fresh representation within one week; authorities to decide within one month.

Ram Niwas Son of Shri Chuni Lal Meena Vs State of… — Landlord and Tenant | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 215/2021

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Ram Niwas Son Of Shri Chuni Lal Meena, Aged About 60 Years, Resident Of Village - Nangal Sherpur, Tehsil-Todabhim, DistrictKarauli (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Additional Chief Secretary To The Government, Revenue Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.).

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District Collector, Karauli (Raj.).

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Tehsildar, Todabhim, District-Karauli (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Dinesh Yadav For Respondent(s) :

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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13/01/2021

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Petitioner has filed this writ petition under article 226 of the Constitution of India praying therein to quash and set aside the order dated 27.2.2020, notice dated 25.12.2020 as also direct the respondent No.2 to act as per order dated 22.1.1983.

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Learned counsel for the petitioner submits that SDO, Todabhim and the Tehsildar, Todabhim, the District Collector passed an order dated 27.2.2020 for removing encroachment of 18 persons without naming them in the order. On the basis of the aforesaid order the petitioner received a notice dated 18.12.2020 to the effect that the encroachmnent be removed within three days otherwise it will be removed forcefully on 25.12.2020.

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(2 of 2)

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[CW-215/2021]

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Learned counsel submitted that the order dated 27.2.2020 and notice dated 25.12.2020 are against the principles of natural justice. The petitioner is not trespasser / encroacher. Learned counsel further submitted that the petitioner submitted a representation but with no avail.

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Considering the contentions put forth and note of the contents of the writ petition, respondent Nos.2 and 3 are directed that if the petitioner submits fresh representation along with documents in support thereof before the respondents No.2 and 3 within one week from today, the status quo as exists today shall be maintained regarding the land in question till disposal of the aforesaid representation and the respondents authorities are directed to decide the representation so submitted in accordance with law within a period of one month from the date of submission of the representation.

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The writ petition is disposed of accordingly.

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(GOVERDHAN BARDHAR),J

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Dheeraj /51

Ram Niwas Son of Shri Chuni Lal Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ram Niwas Son of Shri Chuni Lal Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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