The petitioner filed a writ petition challenging the allotment of land, claiming entitlement to 5 bighas of undeveloped land similar to others. The High Court dismissed the petition, holding that no case was made out for interference under Article 226 as the petitioner failed to specify the rules governing land allotment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJP/007176]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3298/2022
Jahar Singh S/o Late Shri Chanda Ram, Aged About 62 Years, Resident Of Village Keshwana Gurjar, V.p.o. Keshwana Rajput Tehsil Kotputli, District Jaipur (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rajendra Kumar Soni. For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
19/04/2023
This writ petition has been filed by the petitioner with the
following prayer:-
“It is, therefore, most respectfully prayed that this Hon’ble Court be pleased to call for the entire record relating to this case and after perusing the same may be pleased to accept and allow this writ petition, and ;
(i) By issuing an appropriate writ, order or direction the action of the respondents of not giving at least 5 bigha land to him and giving developed land to him in Leo of allotted land, following the judgement dated 5/5/2006 passed in S.B.C.W. 3374/2005 (Chhotu and others)(Annexure-4) as being given to other similarly situated persons on 9.2.2010 (Annexure-5) and 13.11.2014
(2 of 2)
[2023/RJJP/007176]
[CW-3298/2022]
(Annex-6) in Village Keshwana Gurjar of Tehsil Kotputli Distt. Jaipur inspite of notice for demand for justice dated 04.10.2021 and the petitioner be also given alternate land deeming allotted 5 bigha land to him following the judgement dated 5/5/2006 passed in S.B.C.W. 3374/2005 (Chhotu and others) as being given to other similarly situated persons on 9.2.2010 (Annexure-5) and 13.11.2014 (Annex-6) in Village Keshwana Gurjar of Tehsil Kotputli Distt. Jaipur.
(ii) Any other appropriate relief which this Hon’ble Court may deem fit in favour of the petitioners according to the facts and circumstances of the case may also be giving to the petitioner.
(iii) Costs of the writ petition may kindly be awarded in favour of the petitioners.”
By way of this writ petition, the petitioner seeks relief from this court with regard to allotment of 5 Bigha land without mentioning any rules under which the petitioner claims allotment of land.
In my considered view, no case is made out for interference by this court under Article 226 of the Constitution of India.
Hence, this writ petition stands dismissed.
(INDERJEET SINGH),J
MG/45
2 issues framed by the court
Whether the High Court can interfere under Article 226 of the Constitution of India regarding the allotment of land when no rules are cited.
Whether a case is made out for interference by this court in a writ petition concerning land allotment.
Jahar Singh
State Of Rajasthan
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
