Disposed

Sitaram Sharma Son of Late Shri Kedar Lal Sharma v. State of Rajasthan

Rajasthan HC29 May 2023CW/8301/2023

Case brief

AI extract

What is this about?

Petitioners challenged PW Department road construction allegedly encroaching on Gair Mumkin Pal land. Court directed Revenue and PW officers to conduct a joint spot inspection and report to the Collector within three weeks.

What did the court decide?

Direction to Revenue and PW officers to conduct joint spot inspection and submit report to Collector within three weeks.

Sitaram Sharma Son of Late Shri Kedar Lal Sharma Vs State… — Land Acquisition | Rajasthan HC (2023)

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[2023/RJJP/012349]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition (PIL) No. 8301/2023

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Sitaram Sharma Son Of Late Shri Kedar Lal Sharma, Aged About 73 Years, Resident Of Khati Pada, Udai Khurdh, Tehsil Vajeerpur, District Sawaimadhopur.

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Nawal Kishor Sharma Son Of Shri Ram Sahay Sharma, Aged About 63 Years, Resident Of Choti Udai, Udai Khurdh, Tehsil Vajeerpur, District Sawaimadhopur. Now Residing at Brahman Mohalla, Gangapur City, Sawaimadhopur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur.

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The District Collector, Alwar, Cum Chairman, Public Land Protection Committee, Sawaimadhopur, District Sawaimadhopur, Rajasthan.

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The Sub Divisional Officer, Vajeerpur, District Sawaimadhopur, Raj.

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The Tehsildar, Tehsil Vajeerpur, District Sawaimadhopur, Raj.

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The State Of Rajasthan, Through Principal Secretary, Public Works Department, Secretariat, Bhagwandas Road, Jaipur.

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The Chief Engineer, Public Works Department, Ajmer Road, Jaipur.

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The Executive Engineer, Public Works Department, Sawaimadhopur, Rajasthan.

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The Assistant Engineer, Public Works Department Gangapur City, Sawaimadhopur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Rahul Tiwari For Respondent(s) : Mr. Rahul Sehra for Mr. Rajesh Maharshi, AAG

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HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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29/05/2023

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This petition has been filed by the petitioners seeking judicial intervention on the allegation that while making construction of a

(2 of 2)

[2023/RJJP/012349]

[CW-8301/2023]

road, the Public Works Department is encroaching upon the land which is recorded as ‘Gair Mumkin Pal’ . The representation was given to the District Collector, Sawaimadhopur on 18.01.2023 but till date, no enquiry has been made.

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In our opinion, as to whether the construction of road is by way of encroachment on ‘Gair Mumkin Pal’ , is a matter of factual enquiry on the perusal of record, measurement etc. This aspect is required to be examined by the appropriate authority as may be deputed by District Collector, Sawaimadhopur.

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It would be proper that officers of the Revenue Department and Public Works Department make joint inspection at the spot to verify the complaint made by the petitioners. The report shall be submitted before the Collector and the Collector thereafter shall pass an appropriate order in the matter as early as possible within a period of three weeks from the date of receipt of copy of this order.

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The writ petition is, accordingly, disposed off.

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(ANIL KUMAR UPMAN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

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CHARU SONI/18

Sitaram Sharma Son of Late Shri Kedar Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sitaram Sharma Son of Late Shri Kedar Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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