A writ petition filed over 20 years after the cause of action arose seeking restoration of Khatedari rights. The High Court dismissed the petition solely on the grounds of inordinate delay and laches without detailed reasoning.
Petitioner's prayers for quashing impugned order and restoration of Khatedari rights were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 237/2021
Ganpat Das S/o Shri Gopdas, Aged About 85 Years, R/o Village Narwa Khurd, Tehsil Khimsar, Dist. Nagaur (Raj.)
----Petitioner
----Respondents
For Petitioner(s) : Mr. Jog Singh Bhati For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
04/02/2021
This writ petition has been filed with the following prayers:- “i. The record of the case may kindly be called for;
ii. The impugned judgment dated 25.6.1997 (Annexure/5) passed by the learned Board of Revenue in Reference/436/96/LR/Nagaur, may kindly be quashed and set aside;
iii. That the respondent authorities may kindly be directed to make necessary correction in the revenue records and the restore the Khatedari rights of the petitioner in village Jayal, Tehsil Jayal, Dist. Nagaur;
(2 of 2)
[CW-237/2021]
iv. Any other appropriate writ, order or direction which the facts and circumstances of the case warrants be issued and;
v. Costs of the writ petition be allowed in favour of the petitioner.”
Admittedly, the present writ petition has been filed after delay of more than 20 years.
In this view of the matter, this writ petition is dismissed on the ground of delay and laches.
(INDERJEET SINGH),J
ns. 28-1/-
1 issue framed by the court
Whether a writ petition filed after a delay of more than 20 years can be entertained for restoration of land rights.
Ganpat Das S/o Shri Gopdas
State Of Rajasthan, Through The Secretary, Department Of Revenue
The Assistant Commissioner, Devsthan Department
The Sub Division Officer, Tehsil Khimsar
The Tehsildar, Khimsar
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
