Disposed

Surpat Singh Rajvi v. State of Rajasthan

Rajasthan HC11 Oct 2022CW/13242/2019

Case brief

AI extract

What is this about?

In this single judge order, the High Court disposed of a writ petition concerning allotment of alternate land. The court granted liberty to the petitioner to file an application before the District Collector and directed the authority to decide within a specific timeframe.

What did the court decide?

Liberty granted to petitioner to file appropriate application; District Collector directed to decide within three months.

Surpat Singh Rajvi Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 13242/2019

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Surpat Singh Rajvi S/o Shri Amar Singh Rajvi, Aged About 61 Years, R/o Jai Bhawan, Rani Bazaar, Bikaner, District Bikaner (Raj.).

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Revenue Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

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District Collector, Sri Ganganagar, District Sri Ganganagar. 3. The Sub Divisional Magistrate, Anoopgarh, District Sri Ganganagar.

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The District Collector, Bikaner, Collectorate District Bikaner.

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The Commissioner Of Colonization, Bikaner, District Bikaner.

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----Respondents

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For Petitioner(s) : Mr. D.S.Rajvi. For Respondent(s) : Mr. Dinesh Kumar Joshi, AGC.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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11/10/2022

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Heard learned counsel for the parties.

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The present writ petition has been filed for the following

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reliefs:

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“I. The fresh application filed by the petitioner on dated 04.08.2017 (Annex.4) and on the basis of the recommendation by the S.D.M. Anoopgarh on 03.09.2005 (Annex.2), the State Government or any of the competent authority may be directed to allot the 4 bighas of land, preferably in Khasra No.135 in situated Tehsil Kolayat, District Bikaner or any other Government land which is suitable to the petitioner.

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(2 of 3)

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[CW-13242/2019]

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Measuring 4 Bighas of land (165 x 165) that in wards the total area of 4 bighas of land, petitioner situated in Khasra No.121/38 in Chak 5 MD A, which is the same area of the land.

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II. The petitioner has also land measuring 2 bighas in Murabha No.121/46, which is adjacent to the 121/38, therefore, the petitioner wants to surrender the land in lieu of the alternate exchange land. III. If the land in question for any reason in which the petitioner made an application for exchange of the land could not be given then the option should be called from the petitioner for allotment of some other land as desire by the petitioner”.

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Learned counsel for the petitioner submits that four bighas of petitioner’s khatedari land was got converted in the forest land without taking recourse to the acquisition proceedings. It is also submitted that he approached the competent authorities of the department by way of filing appropriate applications for allotment of alternate land of equal measurement and category in the nearby area but no orders were passed on those applications so far. He, therefore, prays that the writ petition filed by the petitioner may be allowed and the respondents may be directed to allot four bighas of suitable piece of land in the nearby area where the land of the petitioner is situated.

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Per contra, learned counsel for the respondent State submits that the competent authority for allotment of such alternate land is the District Collector, Sri Ganganagar and no such application for allotment of land was preferred before the respondent No.2District Collector, Sri Ganganagar. He submits that if an appropriate application is filed before the respondent No.2, the same shall be considered strictly in accordance with law.

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In view of the submissions made by learned counsel for the State, the counsel for the petitioner submits that he may be permitted to file an appropriate application before the respondent

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(3 of 3)

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[CW-13242/2019]

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No.2 for allotment of alternate land of equal measurement and category in the nearby area and the respondent No.2 may be directed to consider the same in accordance with law within specific time frame.

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Having considered the submissions made at the bar and gone through the pleadings of the case, the present writ petition is disposed of with liberty to the petitioner to file an appropriate application before the respondent No.2 for allotment of alternate/ exchange land of equal measurement and category in the nearby area and respondent No.2- District Collector, Sri Ganganagar is directed to consider and decide the said application filed by the petitioner strictly in accordance with law within a period of three months from the date of receipt of certified copy of this order.

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(VINIT KUMAR MATHUR),J

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197-AnilSingh/-

Surpat Singh Rajvi v. State of Rajasthan

Case brief

What is this about?

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Surpat Singh Rajvi v. State of Rajasthan

Case brief

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