Disposed

Bheru Singh v. Union of India

Rajasthan HC10 Jan 2022CW/270/2022

Case brief

AI extract

What is this about?

S.B. Civil Writ Petition No. 270/2022 concerned patta holders constructively dispossessed during road construction. The Court disposed of the petition by directing petitioners to file a representation with title documents. Petitioners were granted four weeks for the authorities to decide on their dispossessal. A stay application was also disposed.

What did the court decide?

Directing petitioners to file representation with title docs; directing Respondents to consider it and act within four weeks.

Bheru Singh Vs Union of India — 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. 270/2022

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Bheru Singh S/o Tej Singh, Aged About 63 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Viram Singh S/o Mitthu Singh, Aged About 64 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Sharwan Nath S/o Hajari Nath, Aged About 52 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Ashok Kumar S/o Nathulal, Aged About 55 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Satyanarayan S/o Trilokchand, Aged About 65 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Onkar Singh S/o Panna Singh, Aged About 72 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Ashok S/o Tarachand, Aged About 42 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Gramin Sahakari Samiti Kamla, Through Manager Amit Kumar, Aged About 38 Years.

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Gopal Lal S/o Ratan Lal, Aged About 45 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Govardhandas S/o Ishawardas, Aged About 49 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Indra Kumar S/o Gangaram, Aged About 38 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Badrivishal Joshi S/o Bhanwar Lal, Aged About 59 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Ashok S/o Nathu Lal Dar, Aged About 55 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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(2 of 3)

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[CW-270/2022]

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Gopal S/o Hirji Dhabai, Aged About 38 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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Hemendra Singh S/o Gopal Singh, Aged About 24 Years, Khamlighat Choraha Chetasan, Tehsil Devgarh, Dist. Rajsamand.

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----Petitioners

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Versus

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Union Of India, Through Ministry Of Road, Transport And Highway, Government Of India, Through Secretary, Transport Bhawan - 1 Parliament Street, New Delhi.

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The Project Director (Superintendent Of Engineer), Public Works Department Division Jodhpur (Pwd Colony), Jodhpur 342001.

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The Prescribed Authority For Land Acquisition (Cala) And Additioanl District Magistrate, Collectorate Rajsamand, District Rajsamand, (Raj.).

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Zonal/regional Officer, Ministry Of Road And Transport Highways, D.c.m., Ajmer Road, Jaipur.

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The Executive Engineer, Public Works Department (Pwd), National Highway Division Pali, Dist. Pali.

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The Sub Division Officer, Devgarh, Dist. Rajsamand.

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----Respondents

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For Petitioner(s) : Mr. S.S. Sisodia, through VC For Respondent(s) :

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JUSTICE DINESH MEHTA

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Order

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10/01/2022

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Mr. Sisodia, learned counsel for the petitioner, submits that the petitioners are occupying the lands in furtherance of validly issued pattas in their favour and yet the respondent – National Highway Authority of India is constructing road upon their pattasud land without undertaking acquisition proceedings and paying compensation to them.

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(3 of 3)

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[CW-270/2022]

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Learned counsel further submits that the petitioners would be satisfied if the respondent Nos.3 and 4 are directed to consider petitioners’ representation (which they would be filing within a week) in accordance with law.

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The present writ petition is, therefore, disposed of with a direction to the petitioners to file a fresh composite representation along with requisite documents of title and other documentary evidence and a certified copy of the order instant to the respondent Nos.3 and 4 within a period of seven days.

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If the respondent Nos.3 and 4 are of the view that the petitioners are having possession on the basis of valid title documents, then, after considering the communication dated 09.12.2021, appropriate decision or action shall be taken for dispossessing the petitioners.

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Needful be done within a period of four weeks of receiving the representation.

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Needless to observe that if any of the petitioners’ grievance still subsists, they will be free to take appropriate legal remedy.

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The stay application also stands disposed of accordingly.

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42-skm/-

Bheru Singh v. Union of India

Case brief

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Bheru Singh v. Union of India

Case brief

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