Disposed

Smt Pratima Panwar v. State of Raj and Ors.

Rajasthan HC3 Jan 2024CW/15571/2010

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jaipur Bench, directed the Sub Divisional Officer, Sawaimadhopur, to dispose of the petitioner's pending application under Section 90-B of the Rajasthan Land Revenue Act, 1956 for land conversion expeditively within four weeks. The petition additionally sought to declare that Section 90-A proceedings are barred during pendency of Section 90-B.

What did the court decide?

Direct the Sub Divisional Officer, Sawaimadhopur to decide the pending application under Section 90-B of the Rajasthan Land Revenue Act, 1956 within four weeks.

Smt Pratima Panwar Vs State of Raj and Ors. — Land Acquisition | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 15571/2010

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Smt. Pratima Panwar, Wife Of Shri Nirmal Panwar, 135, Ram Nagar Extension, New Sanganer Road, Jaipur.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary In The Department Of Revenue, Government Of Rajasthan, Jaipur.

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The District Collector, Sawaimadhopur.

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The Authorized Officer Land Conversion/regularization Sub Divisional Officer, Sawaimadhopur.

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The Tehsildar, Sawaimadhopur.

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----Respondents

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For Petitioner(s) : Mr. Sanjay Mehrishi For Respondent(s) :

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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03/01/2024

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The instant petition has been filed by the petitioner with the

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following prayer:-

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“i)By an appropriate writ, order or direction in the nature thereof Non petitioner No.3 may be directed to accept the application submitted by the petitioner under Section 90-B of the Rajasthan Land Revenue Act, 1956, for conversion of agricultural lands into residential purpose (Annexure-4) and to pass further orders under Sub Section (5) and Proviso to Sub Section (6) of Section 90-B of the Rajasthan Land Revenue Act, 1956;

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ii) By an appropriate writ, order or direction in the nature thereof it may be declared that the petitioner is entitled to get the lands of her khatedari converted from agricultural to residential purposes and that so long as

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[CW-15571/2010]

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(2 of 3)

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proceedings under Section 90-B of the Rajasthan Land Revenue Act, 1956 remain pending, the provisions of Section 90-A and 91 of the Rajasthan Land Revenue Act, 1956 can not be invoked, and the Tehsildar has no jurisdiction to entertain, hear and dispose of the proceedings under Section 90-A read with Section 91 of the Rajasthan Land Revenue, Act, 1956, during the pendency of the proceedings under Section 90-B of the Rajasthan Land Revenue Act, 1956.

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iv) Any other order or direction, which this Hon’ble Court may deem just, appropriate and expedient in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

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v) Cost of the writ petition may kindly be awarded in favour of the petitioner.”

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Learned counsel for the petitioner submits that the application filed by the petitioner under Section 90(B) of the Rajasthan Land Revenue Act, 1956 (for short, “the Act of 1956”) is still pending for adjudication before Respondent No.3-Sub Divisional Officer, Sawaimadhopur. Counsel submits that in spite of passing of considerable time till date, the said application has not been disposed of on its merits so proper directions be issued to the Sub Divisional Officer, Sawaimadhopur to decide the pending application expeditiously as early as possible within a time frame.

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Looking to the aforesaid statement made by the learned counsel for the petitioner, the instant petition stands disposed of with directions to the Sub Divisional Officer, Sawaimadhopur to decide the application filed by the petitioner under Section 90(B) of the Act of 1956 (pending, if any) expeditiously as early as possible, preferably within a period of four weeks after receipt of the certified copy of this order.

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[CW-15571/2010]

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(3 of 3)

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Stay application and all pending application(s), if any, also

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stands disposed of.

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(ANOOP KUMAR DHAND),J

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Gaurav/Aayush/105

Smt Pratima Panwar v. State of Raj and Ors.

Case brief

What is this about?

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Smt Pratima Panwar v. State of Raj and Ors.

Case brief

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