Dismissed

Sajan Khan v. State of Rajasthan

Rajasthan HC4 Sept 2023WCP/184/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ contempt petition alleging non-compliance regarding public land encroachments. Court observed that stay orders were granted by the Appellate Authority, negating the claim of deliberate non-compliance, hence dismissed the petition.

What did the court decide?

Petition dismissed; no order passed; notices discharged; petitioner allowed to approach again if stay is vacated.

Sajan Khan Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JD:27979-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Writ Contempt No. 184/2023

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Sajan Khan S/o Jan Mohammad, Aged About 74 Years, Burhan Ka Tala, Tehsil Sedwa, District Barmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Revenue, Government Of Rajasthan.

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Secretary, Department Of Revenue, Government Of Rajasthan, Jaipur.

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Mr. Lok Bandhu, District Collector, Barmer.

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Mr. Rupa Ram, Tehsildar, Sedwa, District Barmer.

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Mr. Ramji Bhai Kalbi, Sub Divisional Magistrate, Sedwa, District Barmer.

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----Respondents

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For Petitioner(s) : Mr. Roshan Lal For Respondent(s) : Mr. Sunil Beniwal, AAG

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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04/09/2023

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Learned AAG has furnished the latest factual report, wherein it is mentioned that the respondents have identified the encroachments made over the public land and proceedings under the Rajasthan Land Revenue Act have been initiated against the alleged encroachers for removal of encroachments. It is also submitted that against the proceedings for removal of encroachments, the alleged encroachers have approached the Appellate Authority and have obtained stay order.

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[2023:RJ-JD:27979-DB]

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[WCP-184/2023]

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Learned counsel for the petitioner is not in a position to dispute the above fact.

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In such circumstances when against the order of removal of encroachments, stay order has been granted by the competent Appellate Authority, it cannot be said that the respondents have deliberately not complied with the order passed by this Court.

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Hence, no order is required to be passed in this contempt petition and the same is, therefore, disposed of.

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Notices are discharged.

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However, the petitioner is free to approach this Court again in case the stay orders are vacated or any adverse order is passed against the alleged encroachers.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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53-AjaySingh/-

Sajan Khan v. State of Rajasthan

Case brief

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Sajan Khan v. State of Rajasthan

Case brief

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