Dismissed

Nimba Ram v. State of Rajasthan

Rajasthan HC21 Nov 2023CW/7991/2022

Case brief

AI extract

What is this about?

These writ petitions challenged notices directing petitioners, successful auction bidders of panchayat shops, to pay arrears and seek parity with cancelled allottees. The High Court dismissed the petitions holding that writ jurisdiction is not appropriate for revising agreed auction rent rates.

What did the court decide?

The writ petitions for quashing of notices and directing rent parity were dismissed.

Nimba Ram Vs State of Rajasthan — Landlord and Tenant | Rajasthan HC (2023)

¶1

[2023:RJ-JD:39805]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Writ Petition No. 7979/2022

¶4

Barkat Ali S/o Sultan Khan, Aged About 49 Years, Osian Badabaas Kumharon Ka Mohalla, Tehsil Osian, District Jodhpur.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

¶8

Gram Panchayat Osian, Through Its Sarpanch, Jodhpur.

¶9

Vikas Adhikari, Panchayat Samiti Osian, Jodhpur.

¶10

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶11

----Respondents

¶12

Connected With

¶13

S.B. Civil Writ Petition No. 7932/2022

¶14

Dharmendra S/o Shri Bhomraj, Aged About 43 Years, R/o Sewko Ka Bass Mataji Ka Mindar, Tehsil Osian, District Jodhpur.

¶15

----Petitioner

¶16

Versus

¶17

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

¶18

Gram Panchayat Osian, Through Its Sarpanch. 3. Vikash Adhikari, Panchayat Samiti Osian, Jodhpur.

¶19

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶20

----Respondents

¶21

S.B. Civil Writ Petition No. 7944/2022

¶22

Satya Narayan S/o Chandu Ram, Aged About 40 Years, Kumharon Ka Bass, Tehsil Osian, District Jodhpur.

¶23

----Petitioner

¶24

Versus

¶25

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

¶26

Gram Panchayat Osian, Through Its Sarpanch.

(2 of 7)

[2023:RJ-JD:39805]

[CW-7979/2022]

Vikas Adhikari, Panchayat Samiti Osian, Jodhpur.

¶31

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶32

----Respondents

¶33

S.B. Civil Writ Petition No. 7945/2022

¶34

Praveen Kumar S/o Chandra Prakash, Aged About 26 Years, Near Railway Station, Tehsil Osian, District Jodhpur.

¶35

----Petitioner

¶36

Versus

¶37

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

¶38

Gram Panchayat Osian, Through Its Sarpanch.

¶39

Vikas Adhikari, Panchayat Samiti Osian, Jodhpur.

¶40

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶41

----Respondents

¶42

S.B. Civil Writ Petition No. 7986/2022

¶43

Setha Ram S/o Baksharam, Aged About 45 Years, Kumariho Ka Bass, Tehsil Osian, District Jodhpur.

¶44

----Petitioner

¶45

Versus

¶46

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

¶47

Gram Panchayat Osian, Through Its Sarpanch Jodhpur. 3. Vikas Adhikari, Panchayat Samiti Osian, Jodhpur.

¶48

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶49

----Respondents

¶50

S.B. Civil Writ Petition No. 7989/2022

¶51

Narpat Ram S/o Ramu Ram, Aged About 42 Years, R/o Godaraon Ki Dhani, Aashapura Nagar, Osian, District Jodhpur.

¶52

----Petitioner

¶53

Versus

¶54

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

(3 of 7)

[2023:RJ-JD:39805]

[CW-7979/2022]

Gram Panchayat Osian, Through Its Sarpanch Jodhpur.

¶59

Vikas Adhikari, Panchayat Samiti Osian, Jodhpur.

¶60

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶61

----Respondents

¶62

S.B. Civil Writ Petition No. 7990/2022

¶63

Pola Ram S/o Anda Ram, Aged About 38 Years, R/o Kumarion Ka Bass, Tehsil Osian, District Jodhpur.

¶64

----Petitioner

¶65

Versus

¶66

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

¶67

Gram Panchayat Osian, Through Its Sarpanch.

¶68

Vikas Adhikari, Panchayat Samiti Osian, Jodhpur.

¶69

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶70

----Respondents

¶71

S.B. Civil Writ Petition No. 7991/2022

¶72

Nimba Ram S/o Gopi Ram, Aged About 43 Years, R/o Gawarion Ka Baas, Tehsil Osian, District Jodhpur.

¶73

----Petitioner

¶74

Versus

¶75

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

¶76

Gram Panchayat Osian, Through Its Sarpanch.

¶77

Vikas Adhikari, Panchayat Samiti Osian, Jodhpur.

¶78

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶79

----Respondents

¶80

S.B. Civil Writ Petition No. 8025/2022

¶81

Lakha Ram S/o Shri Nandu Ram, Aged About 32 Years, R/o Kumharion Ka Bass, Tehsil Osian, District Jodhpur.

¶82

----Petitioner

¶83

Versus

¶84

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural

(4 of 7)

[2023:RJ-JD:39805]

[CW-7979/2022]

Development Rajasthan, Jodhpur.

¶89

Gram Panchayat Osian, Through Its Sarpanch Jodhpur.

¶90

Vikas Adhikari, Panchayat Samiti Osian, Jodhpur.

¶91

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶92

----Respondents

¶93

S.B. Civil Writ Petition No. 8043/2022

¶94

Harji Ram S/o Amichand Ram, Aged About 60 Years, R/o Gawarion Ka Bass, Tehsil Osian, District Jodhpur.

¶95

----Petitioner

¶96

Versus

¶97

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

¶98

Gram Panchayat Osian, Through Its Sarpanch. 3. Vikas Adhikari, Panchayat Samiti Osian, Jodhpur.

¶99

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶100

----Respondents

¶101

S.B. Civil Writ Petition No. 8053/2022

¶102

Maga Ram S/o Anda Ram, Aged About 36 Years, R/o Kumarion Ka Badabass, Tehsil Osian, District Jodhpur.

¶103

----Petitioner

¶104

Versus

¶105

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

¶106

Gram Panchayat Osian, Through Its Sarpanch. 3. Vikas Adhikari, Panchayat Samiti Osian, Jodhpur.

¶107

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶108

----Respondents

¶109

S.B. Civil Writ Petition No. 8108/2022

¶110

Manhor Lal S/o Hari Ram, Aged About 40 Years, Gawariyo Ka Badabass, Tehsil Osian, District Jodhpur.

¶111

----Petitioner

¶112

Versus

¶113

State Of Rajasthan, Through Its Additional Chief

¶114

(5 of 7) [CW-7979/2022]

¶115

[2023:RJ-JD:39805]

¶116

Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

¶117

Gram Panchayat Osian, Through Its Sarpanch.

¶118

Vikas Adhikari, Panchayat Samiti Osian, Jodhpur.

¶119

Sarpanch, Gram Panchayat Osian, Jodhpur.

¶120

----Respondents

¶121

S.B. Civil Writ Petition No. 8234/2022

¶122

Nand Kishore S/o Mukna Ram, Aged About 38 Years, R/o Village And Tehsil Osian, District Jodhpur.

¶123

----Petitioner

¶124

Versus

¶125

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Panchayati Raj And Rural Development Rajasthan, Jodhpur.

¶126

Gram Panchayat Osian, Through Its Sarpanch. 3. Vikas Adhikari, Panchayat Samiti Osian, Jodhpur. 4. Sarpanch, Gram Panchayat Osian, Jodhpur.

¶127

----Respondents

¶128

For Petitioner(s)	: Mr. Anirudh Purohit
For Respondent(s)	: Mr. Manish Tak
	Mr. RajdeepSingh Chouhan

¶129

HON'BLE MS. JUSTICE REKHA BORANA

¶130

Judgment

¶131

21/11/2023

¶132

The matters come upon applications under Article 226(3) of the Constitution of India for vacation of the interim order dated 24.06.2022.

¶133

With the consent of the parties, the present writ petitions itself have been heard finally and are being decided together as they involve common question of law and facts.

[2023:RJ-JD:39805]

[CW-7979/2022]

(6 of 7)

The present writ petitions have been preferred with the relief for quashing of notice dated 20.05.2022 (Annex.-7) vide which the petitioners have been directed to deposit the arrears of rent qua their rented shops and for a relief to direct the respondent Gram Panchayat/Department to charge the rent at par with the persons who have been allotted shops in the year 2017.

¶138

The present petitioners are the shopkeepers who participated in the auction proceedings initiated by the Gram Panchayat Osian for 45 shops to be given on rent. The bid of the petitioners on the rates as quoted by them was accepted and accordingly, a rent agreement in their favour was executed. However, 24 shops remained vacant and subsequently, the same were leased out by the Gram Panchayat without initiating any auction process.

¶139

The petitioners alleged that the said shops were leased out at very low rates and hence, aggrieved of the same, have preferred the writ petitions for the reliefs as aforementioned.

¶140

It is admitted on record that no rent, whatsoever, has been paid by the petitioners. Further, so far as the averment regarding the allotment to the other persons in the year 2017 is concerned, it is also clear on record that the said allotments had been cancelled on the complaints being filed and therefore, the prayer for parity, does not even survive.

¶141

In the specific opinion of this Court, the reliefs as prayed for in the present writ petitions cannot be granted in writ jurisdiction. The petitioners, who have been rented/leased out the shops by way of auction, on specified rates as quoted by the petitioners themselves, cannot pray for revision of rent in writ jurisdiction.

¶142

(7 of 7) [CW-7979/2022]

¶143

[2023:RJ-JD:39805]

¶144

The remedy of the petitioners lies elsewhere. The present writ petitions for the reliefs as prayed for cannot be entertained by this Court in writ jurisdiction. Hence, the present writ petitions are dismissed .

¶145

Applications under Article 226(3) of the Constitution of India for vacation of the interim order stand disposed of. Stay petitions and all pending applications, if any, stand disposed of.

¶146

(REKHA BORANA),J

¶147

131-143/KashishS/-

Nimba Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nimba Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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