Disposed

Ganpat Ram v. State of Rajasthan

Rajasthan HC8 Dec 2022CW/1152/2019

Case brief

AI extract

What is this about?

Petitioner challenging notice to remove encroachment on pattashud land. Due to pending decision on notice and absence of final action by respondents, petition disposed with direction to appear before Gram Panchayat to prove bonafides within specified period.

What did the court decide?

Petition disposed; PC directed to appear before Gram Panchayat by 06.01.2023 with documents showing bonafides; GP decided within six weeks; status quo maintained.

Ganpat Ram Vs State of Rajasthan — Landlord and Tenant | 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. 1152/2019

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Ganpat Ram S/o Sukh Ram, Aged About 51 Years, By Caste Bishnoi, Resident of Udaniyo Ki Dhani, Sanvareej, Tehsil Phalodi, District Jodhpur.

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----Petitioner

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Versus

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The State of Rajasthan, Through Secretary, Panchayat Raj Department, Jaipur.

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The Block Development Officer, Panchayat Samittee, Phalodi, District Jodhpur.

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Gram Panchayat Sanvareej, Panchayat Sammitti, Phalodi, District Jodhpur through its Sarpanch.

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----Respondents

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For Petitioner(s) : Mr. Pradeep Choudhary For Respondent(s) : None present

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

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08/12/2022

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The present writ petition has been filed against the notice/ order dated 01.01.2019 passed by the Gram Panchayat Sanvareej, whereby the petitioner has been directed to remove the encroachment on the site in question.

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Learned counsel for the petitioner submits that the petitioner was issued a patta by the Gram Panchayat Sanvareej and he is occupying the said land on the strength of a valid patta. Learned counsel further submits that despite having a valid patta in his name, the respondents are bent upon to remove the construction made over the pattashud land of the petitioner. He, therefore, submits that the notice/ order dated 01.01.2019 may be quashed and set aside.

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I have considered the submissions made at the Bar and have gone through the relevant record of the case.

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(2 of 2)

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[CW-1152/2019]

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The present writ petition has been filed only against the proposed action to be taken by the respondents in furtherance of the notice/ order issued on 01.01.2019. The final decision to remove the construction over the land in question has not yet been taken by the respondents.

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This Court issued notices to the respondents on 05.02.2019 and passed an interim order staying the operation of the order dated 01.01.2019.

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In the considered opinion of this Court, since the respondents have not finally decided the notice/ order issued by them on 01.01.2019, therefore, the present writ petition is disposed of with a direction to the petitioner to appear before the respondent No.3 Gram Panchayat Sanvareej on or before 06.01.2023 and file reply along with the necessary documents showing his bonafides having in possession of the land.

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The respondent No.3 Gram Panchayat shall consider the reply filed by the petitioner and decide the case of the petitioner by passing a speaking order after giving a reasonable opportunity of hearing to him, strictly in accordance with law within a period of six weeks from 06.01.2023.

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Till the Gram Panchayat decides the case of the petitioner in furtherance of the notice/ order dated 01.01.2019, the status quo with respect to the land in question shall be maintained by all the parties.

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(VINIT KUMAR MATHUR),J

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58-Shahenshah/-

Ganpat Ram v. State of Rajasthan

Case brief

What is this about?

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Ganpat Ram v. State of Rajasthan

Case brief

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