The High Court of Rajasthan held the writ petition premature as no show cause notice or adverse order was issued by the respondents. Consequently, adjudication under Article 226 of the Constitution was deemed unnecessary.
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/004381]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4511/2023
Rajender S/o Late Shri Parsottam, Aged About 57 Years, R/o Rangama Ka Taal, Mandrayal Road, Near Govt. Iti, Karauli, Distt. Karauli.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rajender, present in person. For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
17/03/2023
This writ petition has been filed by the petitioner with the
following prayer:-
“It is therefore, most respectfully prayed that this Hon’ble court may very graciously be pleased to allow this writ petition and further be pleased to allow this writ petition and further be pleased to :- i) pass an order or direction in the nature whereby impugned order dated 13.04.2018 issued by Respondent No. 4 i.e. Nagar Parishad, Karauli, may kindly be quashed and set aside;
ii) Pass an order or direction the respondent to issue Patta to the petitioner for the land that he is having possession of, in compliance of public notice dated 01.02.2014;
iii) pass any other appropriate order or direction to quash and set aside the
(2 of 2)
[2023/RJJP/004381]
[CW-4511/2023]
subsequent proceedings arising out of order dated 13.04.2018 issued by the Respondent no. 4;
iv) Pass any other appropriate order or direction the respondents may kindly be directed not to dispossess the petitioner from the peaceful possession over the land and also not to demolish the property of petitioner.
v) Any other order or direction, which this Hon’ble Court may deem just and proper, may also kindly, be passed in the facts and circumstances of the case with costs.”
Admittedly, neither any show cause notice nor any adverse order has been issued by the respondents against the petitioner and as such no adjudication is required by this court under Article 226 of the Constitution of India as the petition is premature.
In that view of the matter, this writ petition is dismissed.
However, the petitioner is at liberty to file fresh writ petition in case any notice or adverse order is issued against the petitioner.
(INDERJEET SINGH),J
MG/91
2 issues framed by the court
Whether the writ petition is maintainable in the absence of any show cause notice or adverse order against the petitioner.
Whether this court can adjudicate on the petitioner's claim for Patta before a final adjudication.
Rajender S/o Late Shri Parsottam
The State Of Rajasthan, Through Chief Secretary, Secretariat, Jaipur, Rajasthan
The District Collector, Karauli (Rajasthan)
The Tehsildar, District Karauli (Rajasthan)
Commissioner, Nagar Parishad, Karauli (Rajasthan)
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
