Dismissed

Mahendra Singh S/O Shri Sriniwas v. State of Rajasthan

Rajasthan HC15 Jul 2024WMAP/142/2022

Case brief

AI extract

What is this about?

A D.B. Writ Misc. Application for review/recall of an order dismissing a writ petition in a PIL concerning property encroachment. The current court recalled the dismissal order because a revenue suit with an interim stay was pending between parties on the original hearing date. The writ petition was ultimately dismissed due to abuse of process and lack of notice.

What did the court decide?

The order dated 03.01.2022 recalling the dismissal order was recalled, and the original writ petition was dismissed.

Mahendra Singh S/O Shri Sriniwas Vs State of Rajasthan — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:29501-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Writ Miscellaneous Application No. 142/2022

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D.B. Civil Writ Petition No.15215/2021

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Mahendra Singh S/o Shri Sriniwas, Aged About 50 Years, Resident Of Village Syopura, Tehsil Chirawa, District Jhunjhunu (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Govt. Of Rajasthan, Secretariat, Jaipur.

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District Collector, Jhunjhunu (Raj.)

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Sub-Divisional Officer, Chirawa, District Jhunjhunu (Raj.) 4. Tehsildar Chirawa, Tehsil Chirawa, District Jhunjhunu (Raj.)

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Sumer Singh S/o Juglal, Aged About 50 Years, Resident Of Village Syopura, Tehsil Chirawa, District Jhunjhunu (Raj.)

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Subhash S/o Juglal, Resident Of Village Syopura, Tehsil Chirawa, District Jhunjhunu (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Himanshu Jain Mr. Rishi Raj Maheswari For Respondent(s) : Mr. G.S. Gill, AAG assisted by Ms. Shikha Sharma & Mr. Manoj Verma

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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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15/07/2024

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Heard on application for review/recall of order dated 03.01.2022 passed in D.B. Civil PIL (Writ) Petition No.15215/2021.

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[2024:RJ-JP:29501-DB]

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[WMAP-142/2022]

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(2 of 3)

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Learned counsel appearing for the applicant (respondent Nos.5 and 6 in the writ petition) would submit that the forum of PIL has been grossly abused as the fact of pendency of revenue suit and that an interim order was operating, was not brought to the notice of this Court. As the writ petition was disposed off on the first date of hearing without issuing notice to the respondents, much less the present applicants (private respondents in the writ petition), the aforesaid fact could not be brought to the notice of this Court.

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It is further submitted that even though the PLPC was supposed to examine this issue and stay hand, the proceedings have not been dropped and moreover, the interim order which was passed in favour of the applicant by the revenue court in revenue suit, has also been vacated.

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Learned counsel appearing for respondent-writ petitioner (Mahendra Singh) would submit that the petition was filed in pro bono capacity and as the writ petitioner was not a party to the suit, it was not within his notice and knowledge that the dispute was pending consideration in a revenue suit, wherein interim order was operating in favour of respondents-Sumer Singh and Subhas. He would submit that according to the writ petitioner, it was a case of encroachment and as no action was being taken, the writ petition had to be filed.

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Be that as it may, on disclosure of the fact that on the date when the writ petition was heard by this Court on 03.01.2022, the revenue suit was already filed by Sumer Singh and Subhas, which was pending consideration before the revenue court of competent jurisdiction and an interim order was also operating, we are of the

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[2024:RJ-JP:29501-DB]

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[WMAP-142/2022]

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(3 of 3)

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view that writ petition was liable to be dismissed. No notice was issued to any of the parties and the writ petition was disposed of on 03.01.2022 itself by an innocuous order, which apparently has been misconstrued as superceeding orders and proceedings in the pending revenue suit, therefore, the order dated 03.01.2022 is recalled and the writ petition is dismissed.

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Accordingly, the present application stands disposed of.

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(ASHUTOSH KUMAR),J

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(MANINDRA MOHAN SHRIVASTAVA),CJ

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RAJAT/RAHUL/39

Mahendra Singh S/O Shri Sriniwas v. State of Rajasthan

Case brief

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Mahendra Singh S/O Shri Sriniwas v. State of Rajasthan

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