Disposed

Hari Prakash S/O Shri Mangi Lal Nagar v. State of Rajasthan

Rajasthan HC5 Sept 2024CW/9595/2024

Case brief

AI extract

What is this about?

This PIL concerns removal of encroachments based on an enquiry report finding irregularities in grant of lease/patta. The Court directed the Chief Executive Officer to issue notice to private respondents, obtain replies, and take a final decision within four months.

What did the court decide?

C.E.O. Zila Parishad Kota to issue notice to private respondents, take reply, and decide after hearing within four months.

Hari Prakash S/O Shri Mangi Lal Nagar Vs… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:37504-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition (PIL) No. 9595/2024

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Hari Prakash S/o Shri Mangi Lal Nagar, Aged About 47 Years, R/o Village Post Anwan, Gram Panchayat Anwan, Panchayat Samiti Sangod, District Kota.

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Yugal Kishore Nagar, S/o Shri Birdhi Lal, Aged About 58 Years, R/o Khai Ka Mohalla, Anwan, Gram Panchayat Anwan, Panchayat Samiti Sangod, District Kota.

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Sabir Hussain Ansari S/o Shri Ali Mohammad, Aged About 58 Years, R/o Masjid Mohalla, Gram Panchayat Anwan, Panchayat Samiti Sangod, District Kota.

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Vikas Tiwari S/o Kalyan Prasad, Aged About 50 Years, R/o Village Post Anwan, Gram Panchayat Anwan, Panchayat Samiti Sangod, District Kota.

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Department Of Panchayati Raj And Rural Development, Secretariat, Jaipur.

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District Collector, Kota.

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Chief Executive Officer, Zila Parishad Kota.

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Block Development Officer, Panchayat Samiti Sangod, District Kota.

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Village Development Officer, Gram Panchayat Anwan, Panchayat Samiti Sangod, District Kota.

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----Respondents

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For Petitioner(s) : Mr. Amit Jindal with Ms. Vijay Laxmi For Respondent(s) : Ms. Pratyushi Mehta on behalf of Mr. Kapil Prakash Mathur, AAG

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HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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05/09/2024

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Through this Public Interest Litigation, the petitioners seek direction for removal of encroachments on the basis of a report

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[2024:RJ-JP:37504-DB]

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[CW-9595/2024]

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(2 of 2)

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dated 01.02.2023 of the Block Development Officer, Panchayat Samiti, Ladpura, District Kota.

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It appears that on certain complaints, enquiry was made and the enquiry report submitted to the Chief Executive Officer, Zila Parishad, Kota states that irregularities were found in grant of lease/p atta.

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The report has been submitted before the Chief Executive Officer, Zila Parishad, Kota. The persons who are alleged to have been granted patta by the irregular procedure are required to be heard. Chief Executive Officer, Zila Parishad, Kota shall issue notice to the private respondents impleaded here in this writ petition, obtain their reply and thereafter, he will take a final decision in the matter one way or the other within a period of four months.

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It is made clear that this Court has not expressed any opinion on the merits of the case but the direction is being issued to the Chief Executive Officer, Zila Parishad, Kota to take a decision after affording an opportunity of hearing to the private respondents herein.

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With the above observations, the present petition stands disposed of.

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(ASHUTOSH KUMAR),J

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(MANINDRA MOHAN SHRIVASTAVA),CJ

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Kamlesh Kumar-RAHUL/22

Hari Prakash S/O Shri Mangi Lal Nagar v. State of Rajasthan

Case brief

What is this about?

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Hari Prakash S/O Shri Mangi Lal Nagar v. State of Rajasthan

Case brief

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