Remanded

Roshan Singh Kharvad v. District Collector, Rajsamand

Rajasthan HC18 Apr 2023WMAP/74/2023

Case brief

AI extract

What is this about?

A Division Bench recalled an order dated 30.01.2023 passed by a coordinate bench where one member was a party, due to the court finding basic contentions contrary to facts regarding jurisdiction over encroachment removal proceedings. The matter is remanded.

What did the court decide?

Consequent Misc. Application dismissed; Order dated 30.01.2023 recalled; Civil Writ Petition No.1811/2023 restored to original number.

Roshan Singh Kharvad Vs District Collector, Rajsamand — Land Acquisition | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Writ Misc Application No. 74/2023

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Roshan Singh Kharvad S/o Laxman Singh Kharvad, Aged About 26 Years, Kharwado Ki Bhagal, Sanduko Ka Guda, Aantri, Kelwara, Kumbhalgarh, Rajasmand.

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Nathu Singh S/o Prithvi Singh, Aged About 34 Years, Ward No. 2, Sanduko Ka Guda, Aantri, Kelwara, Kumbhalgarh, Rajasmand.

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----Petitioners

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Versus

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District Collector, Rajsamand, Rajsamand. 2. Sub Divisional Magistrate, Kumbhalgarh, Rajsamand. 3. Tehsildar, Kumbhalgarh, Rajsamand. 4. Development Officer, Panchayat Samiti Kumbhalgarh, Rajsamand.

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Village Development Officer, Aantri, Kumbhalgarh, Rajsamand.

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----Respondents

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For Petitioner(s) : Mr. Rituraj Singh Rathore. For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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18/04/2023

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The present misc. application has been filed by the petitioners seeking correction in the order dated 30.01.2023 passed by a Co-ordinate Bench, in which one of us (Mr. Justice Rajendra Prakash Soni) was a member.

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It is, inter-alia, submitted that directions were issued by noticing the contention on behalf of the petitioners that proceedings have already been initiated for removing

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[WMAP-74/2023]

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encroachments by the PLPC formed under the direction of the District Collector, Jodhpur, whereas, factually jurisdiction in the matter was that of District Collector, Rajsamand and that the proceedings was not initiated by the concerned PLPC and therefore, the said aspect in the order dated 30.01.2023 requires correction.

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In the circumstances of the case, wherein the basic contention noticed by the Court is contrary to the fact situation, we deem it appropriate to recall the order dated 30.01.2023. 4. Consequently, the misc. application is disposed of. The order dated 30.01.2023 is recalled. D.B. Civil Writ Petition No.1811/2023 is restored to its original number and same may now be listed before the appropriate Bench.

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(RAJENDRA PRAKASH SONI),J

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(ARUN BHANSALI),J

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25-Rmathur/-

Roshan Singh Kharvad v. District Collector, Rajsamand

Case brief

What is this about?

What did the court decide?

Roshan Singh Kharvad v. District Collector, Rajsamand

Case brief

What is this about?

What did the court decide?

What the court decided

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