Special appeal challenging dismissal of a writ petition against removal proceedings for an alleged encroachment near a National Highway. The Division Bench upheld that the officer acted validly under Section 91 of the Land Revenue Act and dismissed the appeal.
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[2024:RJ-JP:35202-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 239/2024
In
S.B. Civil Writ Petition No.985/2001
Dinesh Gautam Son Of Shri Inderlal Sharma, R/o Deoli Tehsil Deoli, District Tonk (Raj)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Bhanu Prakash Pareek, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
21/08/2024
[2024:RJ-JP:35202-DB]
[SAW-239/2024]
(2 of 2)
also contended that the learned Single Judge has not taken note of the fact that the land was falling within the area of the Gram Panchayat and the appellant was having the permission to construct and was tenant of Gram Panchayat. It is further contended that the learned Single Judge has erred in placing reliance on the judgment passed in Mohd. Inam Vs. Sanjay Kumar Singhal and Ors.; in (2020) 7 SCC 327 .
(PRAVEER BHATNAGAR),J
(PANKAJ BHANDARI),J
Ashwani Kr Srivastava /-48
2 issues framed by the court
Whether the Assistant Engineer was competent to proceed against encroachment within National Highway limits under Section 91 of the Land Revenue Act.
Whether private interest of the appellant could prevail over public interest regarding removal of encroachment.
Colour shows how this judgement treated each authority
Mohd. Inam Vs. Sanjay Kumar Singhal and Ors.Relied on
(2020) 7 SCC 327 · Who else cites this
1 provisions across 1 enactments
Dinesh Gautam Son Of Shri Inderlal Sharma, R/o Deoli Tehsil Deoli, District Tonk (Raj)
The Board Of Revenue For Rajasthan, Ajmer
The State Of Rajasthan, Through Secretary Revenue Department, Secretariat Jaipur
The Revenue Appellate Authority, Sawai Madhopur
The A.E.N. P.W.D., National Highway Tonk
Sarpanch Gram Panchayat Uchcha, Tehsil Jahajpur District Bhilwara
Pankaj Bhandari
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
