Allowed

Manjoor Khan v. State of Rajasthan

Rajasthan HC14 Feb 2022CW/14354/2021

Case brief

AI extract

What is this about?

Judicial officers disposed of writ petitions challenging eviction notices. The court allowed petitioners to approach authorities for regularisation of possession under the Swamitva Yojana.

What did the court decide?

Permission to approach District Collector or competent authority for regularisation of possession under Swamitva Yojana.

Manjoor Khan Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

(1) S.B. Civil Writ Petition No. 14354/2021

¶3

Manjoor Khan S/o Isale Khan, Aged About 40 Years, R/o Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶7

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶8

District Collector, Jaisalmer.

¶9

Sub-Divisional Officer, Bhaniyana, District Jaisalmer

¶10

Gram Panchayat Bhaniyana, Panchayat Samiti Bhaiyana, District Jaisalmer Through Its Sarpanch.

¶11

----Respondents

¶12

Connected With

¶13

(2) S.B. Civil Writ Petition No. 7177/2021

¶14

Raidhan Khan S/o Hakim Khan, Aged About 52 Years, R/o Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)

¶15

----Petitioner Versus

¶16

State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶17

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶18

District Collector, Jaisalmer.

¶19

Sub-Divisional Officer, Bhaniyana, District Jaisalmer. 5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.

¶20

----Respondents

¶21

(3) S.B. Civil Writ Petition No. 7210/2021

¶22

Narayan Singh S/o Shri Chain Singh, Aged About 34 Years, R/o Shakti Fojdarsar, Tehsil Bhaniyana, District Jaisalmer (Raj.)

¶23

Nakhtaram S/o Shri Kalaram Gawariya, Aged About 31 Years, R/o Purani Abadi, Bhaniyana, Tehsil Bhaniyana, District Jaisalmer (Rajasthan)

----Petitioners

(2 of 9)

[CW-14354/2021]

Versus

State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶29

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶30

District Collector, Jaisalmer.

¶31

Sub-Divisional Officer, Bhaniyana, District Jaisalmer.

¶32

Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.

¶33

----Respondents

¶34

(4) S.B. Civil Writ Petition No. 7427/2021

¶35

Harikishan Maheshwari S/o Shankarlal Maheshwari, Aged About 46 Years, R/o Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)

¶36

----Petitioner

¶37

Versus

¶38

1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶39

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶40

District Collector, Jaisalmer.

¶41

Sub-Divisional Officer, Bhaniyana, District Jaisalmer. 5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.

¶42

----Respondents

¶43

(5) S.B. Civil Writ Petition No. 7438/2021

¶44

Maangilal Rathi S/o Shankarlal Rathi, Aged About 45 Years, Resident Of Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).

¶45

----Petitioner

¶46

Versus

¶47

1. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶48

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶49

District Collector, Jaisalmer.

¶50

Sub Divisional Officer, Bhaniyana, District Jaisalmer.

¶51

Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana,

¶52

(3 of 9)

¶53

[CW-14354/2021]

¶54

District Jaisalmer Through Its Sarpanch.

¶55

----Respondents

¶56

(6) S.B. Civil Writ Petition No. 7582/2021

¶57

Hajoor Khan S/o Raydhan Khan, Aged About 45 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)

¶58

----Petitioner

¶59

Versus

¶60

1. State Of Rajasthan, Through Its Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶61

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur

¶62

District Collector, Jaisalmer

¶63

Sub-Divisional Officer, Bhaniyana, District Jaisalmer

¶64

Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch

¶65

----Respondents

¶66

(7) S.B. Civil Writ Petition No. 7587/2021

¶67

Tolaram S/o Khetulal, Aged About 40 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)

¶68

----Petitioner

¶69

Versus

¶70

State Of Rajasthan, Through Its Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶71

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur

¶72

District Collector, Jaisalmer

¶73

Sub-Divisional Officer, Bhaniyana, District Jaisalmer 5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch

¶74

----Respondents

¶75

(8) S.B. Civil Writ Petition No. 7588/2021

¶76

Mahadev Singh S/o Kishan Singh, Aged About 21 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)

¶77

Bhawari Kanwar W/o Kishan Singh, Aged About 50 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)

----Petitioners

(4 of 9)

[CW-14354/2021]

Versus

State Of Rajasthan, Through Its Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶83

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur

¶84

District Collector, Jaisalmer

¶85

Sub-Divisional Officer, Bhaniyana, District Jaisalmer

¶86

Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch

¶87

----Respondents

¶88

(9) S.B. Civil Writ Petition No. 7589/2021

¶89

Arshad Khan S/o Saalle Khan, Aged About 47 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan)

¶90

----Petitioner

¶91

Versus

¶92

State Of Rajasthan, Through Its Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶93

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur

¶94

District Collector, Jaisalmer

¶95

Sub-Divisional Officer, Bhaniyana, District Jaisalmer

¶96

Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch

¶97

----Respondents

¶98

(10) S.B. Civil Writ Petition No. 7995/2021

¶99

Mangilal Rathi S/o Bhanwarlal Rathi, Aged About 24 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).

¶100

----Petitioner

¶101

Versus

¶102

State Of Rajasthan, Through Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶103

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶104

District Collector, Jaisalmer.

¶105

Sub Divisional Officer, Bhaniyana, District Jaisalmer.

¶106

Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.

----Respondents

(5 of 9)

[CW-14354/2021]

(11) S.B. Civil Writ Petition No. 7996/2021

¶111

Abdul Karim Khan S/o Reesham Khan, Aged About 42 Years, Resident Of Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).

¶112

----Petitioner

¶113

Versus

¶114

State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶115

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶116

District Collector, Jaisalmer.

¶117

Sub-Divisional Officer, Bhaniyana, District Jaisalmer. 5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.

¶118

----Respondents

¶119

(12) S.B. Civil Writ Petition No. 7998/2021

¶120

Shyamlal Rathi S/o Shankar Lal Rathi, Aged About 58 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).

¶121

----Petitioner

¶122

Versus

¶123

State Of Rajasthan, Through Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶124

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶125

District Collector, Jaisalmer.

¶126

Sub Divisional Officer, Bhaniyana, District Jaisalmer.

¶127

Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.

¶128

----Respondents

¶129

(13) S.B. Civil Writ Petition No. 8058/2021

¶130

Gulab Singh S/o Sawai Singh, Aged About 48 Years, Resident Of Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).

¶131

----Petitioner

¶132

Versus

¶133

State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶134

(6 of 9)

¶135

[CW-14354/2021]

¶136

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶137

District Collector, Jaisalmer.

¶138

Sub-Divisional Officer, Bhaniyana, District Jaisalmer. 5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.

¶139

----Respondents

¶140

(14) S.B. Civil Writ Petition No. 9875/2021

¶141

Indra Devi W/o Kanwarlal, Aged About 51 Years, Resident Of Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).

¶142

----Petitioner

¶143

Versus

¶144

State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶145

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶146

District Collector, Jaisalmer.

¶147

Sub-Divisional Officer, Bhaniyana, District Jaisalmer. 5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.

¶148

----Respondents

¶149

(15) S.B. Civil Writ Petition No. 11695/2021

¶150

Muse Khan S/o Nur Mohammad, Aged About 32 Years, Resident Of Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).

¶151

----Petitioner

¶152

Versus

¶153

State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶154

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶155

District Collector, Jaisalmer.

¶156

Sub-Divisional Officer, Bhaniyana, District Jaisalmer. 5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.

¶157

----Respondents

¶158

(16) S.B. Civil Writ Petition No. 14318/2021

¶159

Anwar Ali S/o Nenu Khan, Aged About 54 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer

(7 of 9)

[CW-14354/2021]

(Rajasthan).

----Petitioner

Versus

State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶166

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶167

District Collector, Jaisalmer.

¶168

Sub Divisional Officer, Bhaniyana, District Jaisalmer.

¶169

Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.

¶170

----Respondents

¶171

(17) S.B. Civil Writ Petition No. 14356/2021

¶172

Imamdin Khan S/o Allahrakh Khan, Aged About 49 Years, R/o Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Raj.)

¶173

----Petitioner

¶174

Versus

¶175

State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶176

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶177

District Collector, Jaisalmer

¶178

Sub-Divisional Officer, Bhaniyana, District Jaisalmer 5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaiyana, District Jaisalmer Through Its Sarpanch.

¶179

----Respondents

¶180

(18) S.B. Civil Writ Petition No. 14471/2021

¶181

Safi Mohammed S/o Imam Khan, Aged About 64 Years, Village Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer (Rajasthan).

¶182

----Petitioner

¶183

Versus

¶184

State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

¶185

Principal Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

¶186

(8 of 9)

¶187

[CW-14354/2021]

¶188

District Collector, Jaisalmer.

¶189

Sub Divisional Officer, Bhaniyana, District Jaisalmer. 5. Gram Panchayat Bhaniyana, Panchayat Samiti Bhaniyana, District Jaisalmer Through Its Sarpanch.

¶190

----Respondents

¶191

For Petitioner(s) : Mr. Sudhir Sharma For Respondent(s) : Mr. D.K. Godara Mr. O.P. Sangwa Mr. Manish Tak, Dy. G.C.

¶192

JUSTICE DINESH MEHTA

¶193

Order

¶194

14/02/2022

¶195

In all these writ petitions, the petitioners have challenged the notice issued by the Gram Panchayat, vide which they have been asked to handover their possession, which according to the respondent Gram Panchayat is on the play ground / in or around the boundary of the Government school.

¶196

Mr. Sudhir Sharma, learned counsel for the petitioners argued that the petitioners are having long possession over the subject land and have raised even Pakka construction, over the land that is part of the Aabadi land.

¶197

It is also contended that that a few of the petitioners have raised construction within the precincts of the school, whereas construction of other petitioners is outside the boundary wall of the school.

¶198

Mr. D.K. Godara, learned counsel appearing for the respondent- Gram Panchayat vehemently argued that the petitioners are rank encroachers, who have earlier encroached upon the public road and when the road has been constructed, they have shifted backwards in or around the boundary wall of the

¶199

(9 of 9)

¶200

[CW-14354/2021]

¶201

school and few of them have even entered in the portion of the school land and, therefore, no indlugence be granted to the petitioners.

¶202

At this juncture, Mr. Sharma, learned counsel for the petitioners submits that the State has promulgated a scheme namely ‘Swamitva Yojana’ notified on 18.01.2021 and the competent authority be directed to regularise petitioner’s possession.

¶203

The writ petitions stand disposed of with the permission to the petitioners to approach the District Collector, Jaisalmer or competent authority for regularisation of their possession in terms of the Swamitva Yojana notified by the State Government on 18.01.2021.

¶204

In case petitioners move such application for regularisation of their possession, the District Collector Jaisalmer / competent authority shall consider and decide the same strictly in accordance with law, as early as possibly, preferably within a period of six weeks of receiving the application.

¶205

Interim orders (if any) earlier passed by this Court stand vacated.

¶206

Stay applications also stand disposed of accordingly.

¶207

(DINESH MEHTA),J

¶208

128-Ramesh/-

Manjoor Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manjoor Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Usha Garoda Vs State of Rajasthan

Bhanwar Lal Paliwal Vs the State of Rajasthan

Sunita Meena Vs State of Rajasthan

Kumawat Samaj Vs State of Rajasthan

Pyar Chand Vs Balmukund @ Pappu

Smt. Anchhi Devi Vs State of Rajasthan