Petitioners filed a writ petition challenging dispossession of land seeking declaration of illegality, restoration of possession, and compensation. The single judge held that disputed questions of facts were involved and dismissed the petition as not maintainable under Article 226 jurisdiction.
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[2024:RJ-JP:46359]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.16716/2024
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr.Vijayant Nirwan
JUSTICE ANOOP KUMAR DHAND
Order
08/11/2024
(2 of 3)
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[CW-16716/2024]
may be declared to be illegal, arbitrary, malafide, unconstitutional, discriminatory and without any jurisdiction and the respondents may furture be directed to restore the possession of the land khasra no. 755/8 measuring 0.15 hectares in village patan patwar halka patan Tehsil District Sikar to the petitioners,
(ii) by an appropriate writ, order or direction in the nature thereof the respondent authorities may be directed to pay compensation of Rs. 5 lakhs for the loss caused to the petitioners on account of the uprooting of the bajra crops growing on land khasra no. 755/8 measuring 0.15 hectares in village patan patwar Halka patan Tehsil District Sikar due to illegal action of the respondents,
(iii) by an appropriate writ, order or direction in the nature thereof the respondent authorities may be directed to pay compensation of Rs. 21 lakhs Compensation for the mental harassment and trauma caused to the petitioners due to dispossessing the petitioners from the land khasra no. 755/8 measuring 0.15 hectares in village patan patwar Halka patan Tehsil District Sikar without following due process of law along with the legal expenses and any other cost incurred by the to the.
(iv) Issue any other appropriate writ, order or direction which this Hon’ble Court may deems fit, just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner."
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(3 of 3)
justice, they have been dispossessed, hence under these circumstances, interference of this Court is warranted.
(ANOOP KUMAR DHAND),J
Aayush Sharma /48
1 issue framed by the court
Whether this Court can entertain the writ petition regarding dispossession of land where disputed questions of facts are involved.
Champa Devi Saini
Vikas Kumar Saini
Manohar Saini
The Tehsildar, Tehsil Patan
The Nayab Tehsildar, Tehsil Patan
The Patwari, Patwar Halka Patan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
