Disposed

Godu Banajara v. Hajaridas

Rajasthan HC16 Aug 2024CW/12501/2024

Case brief

AI extract

What is this about?

The High Court at Jodhpur disposed of a writ petition filed regarding the maintainability of a revision petition, noting the ground was not raised by the petitioner. The court directed the petitioner to raise this issue before the Additional District Collector.

What did the court decide?

The petitioner is at liberty to raise the ground of maintainability of the Revision Petition before the Additional District Collector.

Godu Banajara Vs Hajaridas — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:33991]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 12501/2024

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Godu Banajara S/o Gangaram Ji, Aged About 69 Years, R/o Gopalpura, Mandfiya, Tehsil Bhadesar, District Chittorgarh.

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----Petitioner

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Versus

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Hajaridas S/o Tulsidas Vaishnav, R/o Gopalpura, Mandafiya, Tehsil Bhadesar, District Chittorgarh.

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Gram Panchayat Mandafiya (Sanwaliya Ji), Through Sarpanch, Gram Panchayat Mandafiya, Panchayat Samiti Bhadesar, Tehsil Bhadesar, District Chittorgarh.

¶9

Gram Panchayat Mandafiya (Sanwaliya Ji), Through Gram Vikas Adhikari, Panchayat Samiti Bhadesar, District Chittorgarh.

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Additional District Collector (Admin), Chittorgarh, District Chittorgarh.

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----Respondents

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For Petitioner(s) : Mr. Dinesh Jain Mr. Bhawesh Kumar Kumawat

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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16/08/2024

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The present writ petition has been preferred raising an issue regarding the maintainability of the Revision Petition as preferred by the respondents before the Additional District Collector, Chittorgarh.

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A bare perusal of the reply as filed by the petitioner to the Revision Petition before the Additional District Collector, Chittorgarh makes it clear that no ground regarding the maintainability of the Revision Petition was even raised in the same.

[2024:RJ-JD:33991]

[CW-12501/2024]

(2 of 2)

In view of the above fact, the present writ petition deserves no interference and is hence, disposed of .

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The petitioner shall be at liberty now, to raise the ground of maintainability of the Revision Petition before the Additional District Collector, Chittorgarh. If the said ground is raised, the Additional Collector shall be under an obligation to decide the same as a preliminary issue keeping into consideration the ratio as laid down in Division Bench judgment of this Court in Panna Lal

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& Anr. vs. Smt. Sushila Devi & Ors.; D.B. Civil Special Appeal (Writ) No.108/2006 (decided on 12.02.2008) and the subsequent judgment passed by the Co-ordiante Bench of this Court in Khusal Singh Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.57/2020 (decided on 14.01.2020).

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Stay petition and all pending applications, if any, stand disposed of .

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(REKHA BORANA),J

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304-Devanshi/-

Godu Banajara v. Hajaridas

Case brief

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Godu Banajara v. Hajaridas

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