Disposed

Sugan Singh v. State of Rajasthan

Rajasthan HC18 May 2023CW/6760/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Bench at Jodhpur, disposed of a writ petition and stay application by applying the principles laid down in a previous identical matter. The court directed the Dy. Commissioner to expedite pending suit and injunction proceedings regarding agricultural land within one year and ordered that the petitioner not be dispossessed during the pendency of the suit. This judgment

What did the court decide?

The Dy. Commissioner directed to expedite suit and injunction proceedings within one year; petitioner not to be dispossessed pending decision of suit.

Sugan Singh Vs State of Rajasthan — Dowry and Cruelty | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 6760/2023

¶3

Sugan Singh S/o Lt. Shri Sagat Singh, Aged About 50 Years, By Caste Rajput, R/o Village Khara, Tehsil Pokaran, District Jaisalmer (Rajasthan).

¶4

----Petitioner

¶5

Versus

¶6

1. State Of Rajasthan, Through Commissioner Colonization, Bikaner.

¶7

1. The Dy. Commissioner, Colonization I.g.n.p., Nachana, District Jaisalmer.

¶8

1. The Colonization Tehsildar, Nachana No. 1, District Jaisalmer. ----Respondents

¶9

For Petitioner(s) : Mr. PS Rathore For Respondent(s) :

¶10

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶11

Order

¶12

18/05/2023

¶13

Learned counsel for the petitioners, at the outset, submits that identical matter involving the identical issue, has been disposed of by this Court in Jannat & Ors. Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.16992/2018 , decided on 01.11.2018 and prayed that similar order be passed in the present case also. The order dated 01.11.2018 reads thus:-

¶14

“Heard learned counsel for the petitioners. Perused the material available on record.

¶15

The petitioners claim to be in possession of a chunk of agricultural land in the village Khara, District Jaisalmer through their ancestors, who were allegedly cultivating the land even before the enactment of the Rajasthan Land Revenue Act, 1956. The petitioners received a notice under Section 22 of the Rajasthan Colonization Act treating them to be trespassers over the said chunk of land. They filed a suit for declaration under Sections 88, 188 read with Section 15 of the

¶16

(2 of 2)

¶17

[CW-6760/2023]

¶18

Rajasthan Tenancy Act; and Sections 125 and 136 of the Land Revenue Act seeking a direction for declaration of their rights on the land in question. Alongwith the suit, they also filed an application for injunction under Section 212 of the Rajasthan Tenancy Act read with Section 151 C.P.C.

¶19

A grievance is raised by the petitioners that on the one hand, the Dy. Commissioner (Colonization), IGNP, Nachana, District Jaisalmer is sitting tight over the petitioners’ suit and the injunction application and at the same time, the respondent authorities are bent upon to dispossess the petitioners from the land in question on which, they claimed entitlement by virtue of old possession.

¶20

Having regard to the peculiar facts and circumstances of the case, the Dy. Commissioner (Colonization), IGNP, Nachana before whom, the suit as well as injunction application of the petitioners are pending, is directed to expedite the proceedings of the suit and injunction application and shall try to conclude the same within a period of one year from the date of submission of copy of this order. Till the petitioners’ suit and injunction application are decided, they shall not be dispossessed from the land in question. The writ petition as well as stay applications are disposed of in these terms.”

¶21

The present writ petition is also disposed of in the same terms. Stay petition also stands disposed of accordingly.

¶22

(DR.PUSHPENDRA SINGH BHATI), J.

¶23

ns. 93-1/-

Sugan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sugan Singh 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shakuntala Devi Vs Heera Lal Parihar

Smt. Chanchal Devi Vs Secretary (Revenue Department)

Sanjay Meena Vs Jodhpur National University

Vimla Devi Vs State of Rajasthan

Shivprakash Vs Jaswant

Rohit Ralhan Vs Shri Madhuri Bhatia