St. Marys Higher Secondary School Educational… — Writ and Judicial Review | Rajasthan HC (2025)

St. Marys Higher Secondary School Educational… — Writ and Judicial Review | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of as withdrawn with liberty to file appeal under Section 75 of the Rajasthan Land Revenue Act, 1956 before the District Collector; if the appeal is preferred within 30 days, petitioner's possession is not to be disturbed for up to 30 days, and the District Collector may decide the appeal and stay application afresh on merits without being influenced by this Court's interim protection.

Issue for consideration

Whether the writ petition should be withdrawn with liberty to file appeal under Section 75 of the Rajasthan Land Revenue Act, 1956 before the District Collector, the final eviction order dated 07.01.2025 being appealable thereunder. +1 more

Court's answer

The writ petition stands disposed of as withdrawn with liberty to file appeal before the District Collector as prayed for by counsel.

Ratio / Principle

In view of the ongoing annual examination at petitioner-school, if the petitioner prefers the appeal within 30 days, its possession shall not be disturbed for up to 30 days; however, the District Collector remains free to pass a fresh order on the appeal and stay application in accordance with law, on merits, without being influenced by the interim protection granted by this Court.

Key takeaways

Any other pending application(s) stand disposed of.ratio¶23

Detailed headnote1 paragraphs

St. Mary's Higher Secondary School Educational Society (through authorised signatory Principal, Kiran Prava Jojo), represented by Dhirendra Pratap Singh Rathore and Bharat RajYogi, filed a civil writ petition purportedly under Article 226/227 of the Constitution of India against the show cause notice dated 24.12.2024 issued by the Tehsildar, Ramganjmandi, and the eviction order dated 07.01.2025 passed pursuant thereto under Section 91 of the Rajasthan Land Revenue Act, 1956, directing removal of the petitioner's encroachment from Government land bearing Khasra Nos. 505 and 506, Village Hanuwatkhera, Tehsil Ramganjmandi, District Kota. Counsel admitted the final order was appealable under Section 75 of the said Act before the District Collector and that no appeal against it had been filed, and prayed for withdrawal with liberty. Hon'ble Mr. Justice Sudesh Bansal disposed of the writ petition as withdrawn with such liberty; taking into account the ongoing annual examinations at petitioner-school, he directed that if the appeal is filed within 30 days the petitioner's possession shall not be disturbed for 30 days, leaving the District Collector free to take a fresh decision on the appeal and stay application on merits, uninfluenced by the interim protection. Pending applications were disposed of.

[2025:RJ-JP:12020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 3042/2025

St. Mary's Higher Secondary School Educational Society, Resident Of Suket Road, Near Mariam Hospital, Ramganjmandi, District Kota - 326 519 (Rajasthan) Through Authorized Signatory Principal, Kiran Prava Jojo

----Petitioner

Versus

State Of Rajasthan, Through Principal Secretary, Department Of Revenue, Govt. Secretariat, Rajasthan, Jaipur Rajasthan

District Collector, Kota, Rajasthan

Tehsildar, Ramganjmandi, District Kota, Rajasthan

----Respondents

For Petitioner(s)	: Mr.	Dhirendra Pratap Singh Rathore
	Mr.	Bharat RajYogi
For Respondent(s)	:

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

18/03/2025

Instant civil writ petition, purportedly under Article 226/227 of the Constitution of India, has been filed by the petitioner questioning the show cause notice dated 24.12.2024 issued by the Tehsildar, Ramganjmandi, District Kota, so also the eviction order dated 07.01.2025 passed in pursuance thereof, in exercise of powers under Section 91 of the Rajasthan Land Revenue Act, 1956, issuing directions to remove encroachment of petitioner from the Government land bearing Khasra Nos.505 and 506 situated at Village Hanuwatkhera, Tehsil Ramganjmandi, District Kota.

(2 of 2)

[2025:RJ-JP:12020]

[CW-3042/2025]

Counsel for petitioner, during course of arguments admits that petitioner has already preferred an appeal under Section 75 of the Rajasthan Land Revenue Act, 1956 before the Collector against the notice dated 24.12.2024, but appeal against the final eviction order dated 07.01.2025 has not been preferred.

Counsel for petitioner admits that final order dated 07.01.2025 (Annx.8) is appealable under Section 75 of the Rajasthan Land Revenue Act, 1956, before the District Collector, hence, he prays for withdrawal of this writ petition with liberty to file appeal before the District Collector.

Taking into consideration the fact that at present, annual examination of students in petitioner-school is going on, hence, in case, petitioner prefers an appeal within a period of 30 days from today, the possession of petitioner shall not be disturbed up to a period of 30 days, however, the District Collector shall be at liberty to pass a fresh order on the appeal and stay application, in accordance with law, on merits without being influenced by the interim protection granted by this Court.

With aforesaid observations, instant writ petition stands disposed of as withdrawn but with liberty as prayed for.

Any other pending application(s), if any, stands disposed of.

(SUDESH BANSAL),J

SOURAV /9