Allowed

Dhanjay Kumar v. State of Rajasthan

Rajasthan HC10 May 2024CW/6850/2024

Case brief

AI extract

What is this about?

The High Court allowed the writ petition challenging the cancellation of the petitioner's land possession order. The Court quashed the impugned orders for violating principles of natural justice and directed the respondents to call the petitioner for a personal hearing before passing a fresh reasoned order.

What did the court decide?

The orders dated 26.03.2024 (Annex.9 and 10) were quashed. The petitioner is directed to be called for a personal hearing on 27.05.2024.

Dhanjay Kumar Vs State of Rajasthan — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JD:21049]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6850/2024

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Dhanjay Kumar S/o Dev Narayan Mandal, Aged About 44 Years, R/o Near Mini Sachiwalay, Main Road, Rajgarh, Churu.

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----Petitioner

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Versus

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State of Rajasthan, through Secretary, Department of Local Self Body, Government of Rajasthan, Secretariat, Jaipur.

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The Chairman, Municipality, Rajgarh, Churu.

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The Executive Officer, Municipality, Rajgarh, Churu.

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----Respondents

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For Petitioner(s) : Mr. Dinesh Kumar Ojha. For Respondent(s) : Mr. Rajesh Parihar, AGC Mr. Rakesh Arora with Mr. Hardik Gautam for Applicant.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

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10/05/2024

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Heard learned counsel for the parties.

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The present writ petition has been filed against the order dated 26.03.2024 (Annex.10) passed by the respondent No.3Executive Officer, Municipality, Rajgarh, Churu.

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Learned counsel for the petitioner submits that the petitioner is holding possession of a land situated at Ward No.11, Near Mini Sachiwalay, Main Road, Rajgarh, Churu. He further submits that the official respondents without giving any opportunity of hearing to the petitioner has passed the orders dated 26.03.2024 (Annex.9 & 10), whereby, the patta issued in favour of the petitioner has been cancelled.

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Learned counsel further submits that the orders dated 26.03.2024 (Annex.9 & 10) have been passed in violation of principles of natural justice as no proper opportunity of hearing

[2024:RJ-JD:21049]

[CW-6850/2024]

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was granted to the petitioner before passing the orders dated 26.03.2024 (Annex.9 & 10).

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Learned counsel for the respondents very fairly submits that although notices were issued to the petitioner but for one reason or the other, it is not clear whether service was effected upon the petitioner or not. He, therefore, submits that the respondents may be given an opportunity to pass a fresh order after giving reasonable opportunity of hearing to the petitioner.

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In view of the submissions made above, the present writ petition is allowed. The order dated 26.03.2024 (Annex.9) and the order dated 26.03.2024 (Annex.10) passed by the Executive Officer, Nagar Palika, Rajgarh (Churu) are quashed and set aside. The respondents are directed to call the petitioner for personal hearing before the Empowered Committee on 27.05.2024 at 11:00 a.m. and after affording proper opportunity of hearing to the petitioner, pass a fresh reasoned order deciding the case of the petitioner.

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It will be open for the respondents to give an opportunity of hearing to Rajasthan Vidhyut Mazdur Congress, who are stated to be in possession of the land in question today. 8. It is made clear that if the parties do not appear on the date fixed, the official respondents will be free to pass a fresh order in accordance with law.

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Stay petition as well as other pending misc. applications, if any, stand disposed of accordingly.

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(VINIT KUMAR MATHUR),J

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29-Shahenshah/-

Dhanjay Kumar v. State of Rajasthan

Case brief

What is this about?

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Dhanjay Kumar v. State of Rajasthan

Case brief

What is this about?

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