Disposed
Birbal Khan v. State of Rajasthan
Rajasthan HCCW/3143/2021
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from the order text
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JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.…
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JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.…
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3143/2021
Versus
----Respondents
For Petitioner(s) : Mr. S.S. Nirban
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
19/02/2021
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
Learned counsel for the petitioners, at the outset, submits that identical matter involving the identical issue, has been disposed of by this Court vide its order dated 01.11.2018 [S.B. Civil Writ Petition No.16992/2018 (Jannat & Ors. Vs. State of
(2 of 2)
[CW-3143/2021]
Rajasthan & Ors.)] and prayed that similar order be passed in the present case also. Learned counsel, however, points out that the present suit is pending before the Assistant Commissioner, Mohangarh No.1, whereas in the case of Jannat & Ors. (supra) , the suit as pending before the Deputy Commissioner (Colonization), Nachna. The order dated 01.11.2018 reads thus:-
“Heard learned counsel for the petitioners. Perused the material available on record.
The petitioners claim to be in possession of a chunk of agricultural land in the village Nachana, District Jaisalmer through their ancestors, who were allegedly cultivating the land even before the enactment of the Rajasthan Land Revenue Act, 1956. The petitioners received a notice under Section 22 of the Rajasthan Colonization Act treating them to be trespassers over the said chunk of land. They filed a suit for declaration under Sections 88, 188 read with Section 15 of the Rajasthan Tenancy Act; and Sections 125 and 136 of the Land Revenue Act seeking a direction for declaration of their rights on the land in question. Alongwith the suit, they also filed an application for injunction under Section 212 of the Rajasthan Tenancy Act read with Section 151 C.P.C. A grievance is raised by the petitioners that on the one hand, the Dy. Commissioner (Colonization), IGNP, Nachana, District Jaisalmer is sitting tight over the petitioners’ suit and the injunction application and at the same time, the respondent authorities are bent upon to dispossess the petitioners from the land in question on which, they claimed entitlement by virtue of old possession. Having regard to the peculiar facts and circumstances of the case, the Dy. Commissioner (Colonization), IGNP, Nachana before whom, the suit as well as injunction application of the petitioners are pending, is directed to expedite the proceedings of the suit and injunction application and shall try to conclude the same within a period of one year from the date of submission of copy of this order. Till the petitioners’ suit and injunction application are decided, they shall not be dispossessed from the land in question. The writ petition as well as stay applications are disposed of in these terms.”
The present writ petition is also disposed of in the above terms. Stay petition also stands disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
154-Zeeshan
Colour shows how this judgement treated each authority
Jannat & Ors. Vs. State of Rajasthan & Ors.Followed¶20
S.B. Civil Writ Petition No.16992/2018 (Jannat & Ors. Vs. State of Rajasthan & Ors.)
Birbal Khan S/o Shri Aamad Khan
Dilwar Khan S/o Shri Ismail Khan
Punal Khan S/o Shri Aamad Khan
Birbal Khan S/o Shri Manji Khan
Chnesar Khan S/o Shri Ismail Khan
State Of Rajasthan, Through Commissioner Colonization, Bikaner
DR. PUSHPENDRA SINGH BHATI
As recorded by the court registry
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