Dismissed

Kanti Lal Upadhyaya v. State of Rajasthan

Rajasthan HC20 Sept 2022CW/1054/2022

Case brief

AI extract

What is this about?

Single Judge disposed of a writ petition regarding land restoration and encroachment. The court held the petition unentertainable as the petitioner had already been granted liberty to approach the Single Judge in a pending writ petition concerning the same grievance.

What did the court decide?

None. The writ petition was dismissed as it cannot be entertained since the petitioner was granted liberty to approach the Single Judge in a pending petition regarding the same grievance.

Kanti Lal Upadhyaya Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ Petition No. 1054/2022

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Kanti Lal Upadhyaya S/o Shri Jagan Nath, Aged About 64 Years, By Caste Brahman, Resident Of Brahampuri Mohalla, Village And Post Santpur, Tehsil Abu Road, District Sirohi.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Revenue (Gr.3) Department, Rajasthan, Jaipur.

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District Collector, Sirohi.

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Sub Divisional Officer, Mount Abu, District Sirohi.

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Tehsildar, Abu Road, District Sirohi.

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Gram Panchayat Santpur, Tehsil Abu Road, District Sirohi Through Its Sarpanch And Grop Secretary, Gram Panchayat Santpur, Tehsil Abu Road, District Sirohi.

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Jain Kumar Jain S/o Shri Nortaram Jain, Resident Of Riico Colony, Abu Road, District Sirohi.

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Summit Jain S/o Shri Jain Kumar Jain, Resident Of Riico Colony, Abu Road, District Sirohi.

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Vedbhushan Garg S/o Shri Yashpal Garg, Resident Of Riico Colony, Abu Road, District Sirohi.

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Smt. Kavita Garg W/o Shri Vedbhushan Garg, Resident Of Riico Colony, Abu Road, District Sirohi.

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Nemi Chand S/o Shri Ramlal, Resident Of A-9, Sai Darshan Colony, Mount Abu, Tehsil Abu Road, District Sirohi.

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Smt. Parvati W/o Shri Nemi Chand, Resident Of A-9, Sai Darshan Colony, Mount Abu, Tehsil Abu Road, District Sirohi.

----Respondents

(2 of 4)

[CW-1054/2022]

For Petitioner(s) : Mr. Rajesh Shah

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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20/09/2022

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This writ petition has been filed by the petitioner with a

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prayer for following reliefs:-

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“it is, therefore, prayed that this Writ Petition of the petitioner may kindly be allowed and the Hon’ble Court may be pleased by an appropriate writ, order or direction :-

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(a) the respondents may kindly directed to cancel all such steps, which have been taken in respect of the land of Khasra No.903 and 923 again restore back the position of land to its original status and recorded in the revenue record and also stopped the raising of construction.

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(b) The Hon’ble Court may please pass the directions to remove the encroachment raised by way of pucca construction or made by way of kutcha construction over the land of Khasra No. 903 and 923 having the nature of gair mumkin nallah.

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(c) Hon’ble the Court may please pass the directions to the authorities concerned to resotre the position of all the land of Khasra No. 903 and 923 having the nature of gair mumkin nallah by removing the possession and recording the same in the name of government while correcting all the revenue record.

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(d) that this Hon’ble Court may please to pass the directions to the local District authorities or may appoint a Commissioner to oversee and report that present position about the unathorized occupant over the land Khasra NO. 903 and 923 having the nature of gair mumkin nallah.

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(e) Any other appropriate writ, order and direction which this Hon’ble Court deems just and proper kindly be passed in favour of the petitioner.

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(e) Writ petition filed by the petitioner may kindly be allowed with costs.”

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(3 of 4)

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[CW-1054/2022]

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It is noticed that the petitioner being aggrieved with the allotment made to the private respondents by the Sub Divisional Officer, Mount Abu, Distt. Sirohi in village Santpur, Tehsil Abu Road, Distt. Sirohi has earlier filed a DB Civil Writ Petition (PIL) No.6757/2018 and the Division Bench of this Court vide order 18.05.2018 has dismissed the same while granting liberty to the petitioner to raise all his grievances before the District Collector, Sirohi by way of filing representation with a further direction that the District Collector concerned will decide the representation filed by the petitioner, if any, in accordance with law.

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The petitioner, thereafter, has preferred a contempt petition before this Court being DB Writ Contempt No.156/2019 claiming that the District Collector concerned has disobeyed the order passed by this Court on 18.05.2018 as his representation has not been decided.

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The State Government has filed reply to the contempt petition, wherein it is mentioned that the District Collector, Sirohi vide order dated 20.05.2019 has already decided the representation filed by the petitioner while directing the Tehsildar concerned to initiate appropriate proceedings.

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Again, the petitioner has filed DB Civil Writ Petition (PIL) No.5396/2020 before this Court, however, the said writ petition came to be disposed of while observing that SB Civil Writ Petition No.5337/2020 is pending consideration before the learned Single Judge of this Court, therefore, the grievance raised by the petitioner in the PIL has already been redressed and the Division Bench has disposed of the DB Civil Writ Petition No.5396/2020 vide order dated 06.08.2021 while observing that if anything still remains then the petitioner will be free to move an appropriate

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(4 of 4) [CW-1054/2022]

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application strictly in accordance with law before the learned Single Judge for supporting the cause in the writ petition filed by the State.

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In view of the fact that the Division Bench has already granted liberty to the petitioner to move appropriate application strictly in accordance with law before the learned Single Judge in SB Civil Writ Petition No.5337/2020, I am of the view that this writ petition filed by the petitioner cannot be entertained.

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Hence, this writ petition is dismissed. Stay petition is also dismissed.

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(VIJAY BISHNOI),J

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7-Arun/-

Kanti Lal Upadhyaya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kanti Lal Upadhyaya v. State of Rajasthan

Case brief

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What did the court decide?

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