The High Court of Rajasthan at Jodhpur disposed of a PIL filed to restrain illegal activities on specific land in District Jodhpur. The Court directed the Tehsildar to verify if the prior order identifying encroachment was challenged before taking action.
Directed Tehsildar Bawadi to verify if the order on encroachment was challenged before taking action.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:28669-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 9721/2024
Ram Narayan S/o Shri Hemaram, Aged About 66 Years, R/o Village Kelawa Kalla, Tehsil Bawadi, District Jodhpur
----Petitioner
----Respondents
For Petitioner(s) : Mr. Dinesh Kumar Joshi For Respondent(s) : Mr. Manish Patel, AAG assisted by Mr. Sanwar Lal, Mr. Jai Pareek & Mr. Yogesh Sharma
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
15/07/2024
This writ petition (PIL) has been filed with a prayer to direct the State-respondents for taking immediate action so as to restrained the illegal activities on the land comprised within Khasra Nos. 705, 747, 748, 756, 759, 767 & 833 situated at Village Kelawa Kalla, Tehsil Bawadi, District Jodhpur. However, as it would appear from the materials placed alongwith this writ petition that an order was passed by the Tehsildar on 25.11.2019
(2 of 2)
[2024:RJ-JD:28669-DB]
[CW-9721/2024]
and thereafter a committee was constituted vide Annex. 9 of the paper book which would disclose that for certain reasons the alleged encroachments could not be removed.
(KULDEEP MATHUR),J
(SHREE CHANDRASHEKHAR),J
3-neha/Divya Tak-
3 issues framed by the court
Whether the State-responses should take immediate action to restrain illegal activities on the specified land given an order by the Tehsildar identifying encroachment.
Whether the Tehsildar should verify if the earlier order regarding encroachment has been challenged before taking action.
Whether the civil writ petition (PIL) should be disposed of since the matter requires further verification by the Tehsildar.
Ram Narayan
State Of Rajasthan
SHREE CHANDRASHEKHAR
KULDEEP MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
