Petition against removal from 'Gochar' land dismissed as issue adjudicated in pending division bench case; liberty to join that suit granted.
Writ petition disposed of with liberty to join pending division bench appeal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 4478/2021
Bhavar Lal S/o Shri Lunaram, Aged About 39 Years, R/o Ward No. 8, Dhandhusar, Tehsil Rawatsar, District Hanumangarh (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vishal Singhal For Respondent(s) : Ms. Rekha Borana, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/03/2021
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
The present writ petition has been preferred against the removal of petitioner from ‘Gochar’ land.
Counsel for the petitioner fairly informs this Court that the issue is also being adjudicated by Hon’ble Division Bench of this Court in D.B.C.W. No.18443/2018 (Satpal & Ors. Vs. State & Ors.)
Counsel for the petitioner submits that there are various grave irregularities on the part of State while pursuing the process
(2 of 2)
[CW-4478/2021]
of removal of encroachment and due process of law has not been adhered. Counsel for the petitioner further submits that not only due process of law has not been adhered to but the respondents are in a hurried manner are trying to remove the petitioners from their possession, which can be explained by them on merits.
This Court on seeing prayer and issue raised by the petitioners in the present writ petition is of the view that since the dispute of removal of encroachment on subject land is already been adjudicated by Hon’ble Division Bench of this Court in D.B.C.W. No.18443/2018 (Satpal & Ors. Vs. State & Ors.), therefore, it would not be appropriate for this Court to make any intervention at this stage, however, in the interest of justice as well as to maintain judicial discipline the present writ petition is disposed of with liberty to the petitioner to take up his cause before Hon’ble Division Bench, which is already adjudicating the issue in-question.
It is needless to say that all rights of the petitioner shall be subject to final outcome of adjudication in the matter of Satpal (supra).
(DR.PUSHPENDRA SINGH BHATI),J.
157-nirmala/-
Colour shows how this judgement treated each authority
Satpal & Ors. Vs. State & Ors.Referred¶18
D.B.C.W. No.18443/2018 (Satpal & Ors. Vs. State & Ors.)
Bhavar Lal
State Of Rajasthan
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Pushpendra Singh Bhati
Parties & counsel
