Satyanarayan Jangir S/O Shri Laxmi Narayan Jangir Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Satyanarayan Jangir S/O Shri Laxmi Narayan Jangir Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions to respondents to decide the petitioners' representations expeditiously, preferably within four weeks, by reasoned and speaking orders after hearing; interim bar on coercive action for four weeks; stay applications and other pending applications disposed; thereafter respondents at liberty to demolish encroachments, if so concluded, and proceed in accordance with law; no direction imposed as to the manner of deciding the representations.

Issue for consideration

Whether the impugned notice/order dated 10.02.2025 issued by respondent Nos. 7 & 8, calling upon the petitioners to remove their possession from the land in question (with apprehended demolition for the proposed Atal Pragati Path), should be quashed. +1 more

Ratio / Principle

All the connected writ petitions stand disposed of by directions to the respondents to decide the petitioners' representations expeditiously, preferably within four weeks from receipt of the certified copy of the order.

Key takeaways

The Court disposed of the petitions without going into the controversy involved and without entering into merits of the case.ratio¶¶95
The authorities are to decide the representations by passing reasoned and speaking orders, taking into account the stand of the petitioners and affording due opportunity of hearing to all the respective parties.ratio¶¶99
Interim protection: for the period of four weeks the respondents are directed not to take any coercive action against the petitioners.ratio

Detailed headnote1 paragraphs

Five connected S.B. Civil Writ Petitions (Nos. 3630, 3631, 3633, 3634 and 3632 of 2025) before the High Court of Judicature for Rajasthan, Jaipur Bench, disposed of by a common order dated 21/04/2025 of single Judge Anoop Kumar Dhand. Petitioners - residents/commercial occupiers of Ranoli, Panchayat Samiti Palsana, District Sikar - challenged a notice dated 10.02.2025 issued by respondent Nos. 7 & 8 (Village Development Officer and Sarpanch, Gram Panchayat Ranoli) calling upon them to remove possession from the land in question, apprehending demolition of their constructions for the proposed 'Atal Pragati Path'; they claimed possession on the strength of valid documents and stated that their representations to the authorities had gone unheeded. Disposing of the petitions without entering into merits, the Court directed the respondents to decide the representations expeditiously - preferably within four weeks - by reasoned and speaking orders after taking into account the petitioners' stand and affording due opportunity of hearing to all parties; restrained coercive action for that four-week period; disposed of stay applications; and recorded that the respondents, if concluding that encroachments exist and the petitioners have no right over the property, remain at liberty to demolish and proceed in accordance with law, the Court expressly giving no direction as to the manner in which the representations are to be decided.

[2025:RJ-JP:16684]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No.3630/2025

Lal Mohammad S/o Kamaludin, Aged About 64 Years, R/o Ward No. 3, Raoli, District Sikar (Raj.)

Naveen Kumar Trivedi S/o Satya Narayan Trivedi, Aged About 37 Years, R/o Trilockpura Road, Ward No. 7, Ranoli, District Sikar (Raj.)

----Petitioners

Versus

State Of Rajasthan, Through Joint Secretary, Public Work Department, Rajasthan Jaipur Secretariat.

District Collector, Sikar.

Sub-Divisional Officer, Dantaramgarh, District Sikar. 4. Chief Engineer Public Works Department, Rajasthan, Jaipur.

Executive Engineer Public Works Department, Division Sikar-Second, Sikar.

Assistant Engineer Pwd, Sub-Division Dantaramgarh, District Sikar.

The Village Development Officer, Gram Panchayat Ranoli, Panchayat Samiti Palsana, District Sikar.

Sarpanch/prasasakh Gram Panchayat Ranoli, Panchayat Samiti Palsana, District Sikar.

----Respondents

Connected With

S.B. Civil Writ Petition No.3631/2025

Bhinwa Ram Kumawat S/o Shri Mangal Chand Kumawat, Aged About 75 Years, R/o Ward No. 11, Trilokpura, Tehsil Dantaramgarh, District Sikar (Raj.)

Smt. Gyarasi Devi W/o Shri Bhinwa Ram, Aged About 66 Years, R/o Ward No. 11, Trilokpura, Tehsil Dantaramgarh, District Sikar (Raj.)

----Petitioners

Versus

State Of Rajasthan, Through Joint Secretary, Public Work Department, Rajasthan Jaipur Secretariate.

(2 of 6)

[2025:RJ-JP:16684]

[CW-3630/2025]

District Collector, Sikar.

Sub-Divisional Officer, Dantaramgarh, District Sikar.

Chief Engineer Public Work Department (Pwd), Head Office 170, Kamala Nehru Nagar, Ganpati Nagar, Jaipur, Rajasthan 302007.

Executive Engineer Public Work Department Division, Sikar Second, Sikar.

Assistant Engineer Pwd, Sub-Division Dantaramgarh, District Sikar.

The Village Development Officer, Gram Panchayat Ranoli, Panchayat Samiti Palsana, District Sikar.

Sarpanch/prasasakh Gram Panchayat Ranoli, Panchayat Samiti Palsana, District Sikar.

----Respondents

S.B. Civil Writ Petition No.3633/2025

Mohammad Iqabal S/o Sarajudeen, Aged About 68 Years, R/o Ward No. 13, Railway Phatak Ke Pass Ranoli, District Sikar Rajasthan.

----Petitioner

Versus

State Of Rajasthan, Through Joint Secretary, Public Work Department, Rajasthan Jaipur Secretariate.

District Collector, Sikar.

Sub-Divisional Officer, Dantaramgarh, District Sikar. 4. Chief Engineer Public Work Department, Rajasthan, Jaipur.

Executive Engineer Public Work Department Division, Sikar-Second, Sikar.

Assistant Engineer Pwd, Sub-Division Dantaramgarh, District Sikar.

The Village Development Officer, Gram Panchayat Ranoli, Panchayat Samiti Palsana, District Sikar.

Sarpanch/prasasakh Gram Panchayat Ranoli, Panchayat Samiti Palsana, District Sikar.

----Respondents

S.B. Civil Writ Petition No.3634/2025

(3 of 6)

[2025:RJ-JP:16684]

[CW-3630/2025]

Mohmmad Rafiq W/o Late Gafur Rangrej, Aged About 60 Years, R/o Ward No. 03, Main Bazar Ranoli, Tehsil Danta Ramgarh, District Sikar (Raj.)

Jhuhana W/o Abdul Gaphur Rangrej, Aged About 75 Years, R/o Ward No. 03, Main Market Ranoli, Tehsil Danta Ramgarh, District Sikar (Raj.)

----Petitioners

Versus

State Of Rajasthan, Through Joint Secretary, Public Work Department, Rajasthan Jaipur Secretariate.

District Collector, Sikar.

Sub-Divisional Officer, Dantaramgarh, District Sikar.

Chief Engineer Public Work Department (Pwd), Head Office 170, Kamala Nehru Nagar, Ganpati Nagar, Jaipur, Rajasthan 302007.

Executive Engineer Public Work Department Division, Sikar Second, Sikar.

Assistant Engineer Pwd, Sub-Division Dantaramgarh, District Sikar.

The Village Development Officer, Gram Panchayat Ranoli, Panchayat Samiti Palsana, District Sikar.

Sarpanch/prasasakh Gram Panchayat Ranoli, Panchayat Samiti Palsana, District Sikar.

----Respondents

S.B. Civil Writ Petition No. 3632/2025

Satyanarayan Jangir S/o Shri Laxmi Narayan Jangir, Aged About 75 Years, R/o Ward No. 5 Nasiyon Ranoli, District Sikar (Raj.)

Smt. Meera Devi W/o Late Shri Jagdish Prasad Jangir, Aged About 64 Years, R/o Ward No. 07, Station Raod Ranoli District Sikar (Raj.)

----Petitioners

Versus

State Of Rajasthan, Through Joint Secretary, Public Work Department, Rajasthan Jaipur Secretariate.

(4 of 6)

[2025:RJ-JP:16684]

[CW-3630/2025]

District Collector, Sikar.

Sub-Divisional Officer, Dantaramgarh, District Sikar.

Chief Engineer Public Work Department (Pwd), Head Office 170, Kamala Nehru Nagar, Ganpati Nagar, Jaipur, Rajasthan 302007.

Executive Engineer Public Work Department Division, Sikar Second, Sikar.

Assistant Engineer Pwd, Sub-Division Dantaramgarh, District Sikar.

The Village Development Officer, Gram Panchayat Ranoli, Panchayat Samiti Palsana, District Sikar.

Sarpanch/prasasakh Gram Panchayat Ranoli, Panchayat Samiti Palsana, District Sikar.

----Respondents

For Petitioner(s) : Mr. Sultan Singh Kuri

JUSTICE ANOOP KUMAR DHAND

Order

21/04/2025

Since common question of law and facts are involved in all these writ petitions, hence, with the consent of counsel for the petitioners, these matters are taken up for final disposal and are being decided by this common order.

For the sake of convenience the prayer mentioned in SB Civil Writ Petition No.3630/2025 has been taken into consideration:

“(i) The impugned notice dated 10.02.2025 issued by the respondent No.7 & 8 may kindly be quashed and set-aside with the direction to the respondents not to initiate any proceeding of demolishing the commercial shop established of the petitioners under the grab of Atal Pragati Path proposed to be constructed at gram

(5 of 6)

[2025:RJ-JP:16684]

[CW-3630/2025]

panchayat ranoli, panchayat samiti palsana, District Sikar.

(ii) Issue any other order or direction which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case may also passed in favour of petitioners.

(iii) Cost of the writ petition be also awarded in favour of the petition.”

By way of filing this writ petition, the petitioners have challenged the notice/order dated 10.02.2025 by which the petitioners have been called upon to remove their possession from the land in question.

Learned counsel for the petitioners submits that the petitioners are in possession of the land in question on the basis of valid documents but without taking note of this factual aspect of the matter, the respondents are bent upon to demolish the constructions raised by the petitioners. Learned counsel submits that the petitioners had approached the authorities concerned by way of filing representations for redressal of their grievances but no heed has been paid, hence, under these circumstances, interference of this Court is warranted.

Heard and considered the submissions made at Bar and perused the material available on the record. 6. Without going into the controversy involved in these matters without entering into merits of the case, but looking to the fact that the petitioners have already approached the authorities concerned by way of filing representations, it is expected from the authorities concerned to decide the said representations of the petitioners expeditiously by passing a reasoned and speaking

[2025:RJ-JP:16684]

[CW-3630/2025]

(6 of 6)

order, after taking into account the stand of the petitioners and affording due opportunity of hearing to all the respective parties. 7. In view of the above, all these writ petitions stand disposed of by issuing directions to the respondents to decide the representations of the petitioners expeditiously, as early as possible preferably within a period of four weeks from the date of receipt of certified copy of this order.

Stay applications as well as all applications (pending, if any) also stand disposed of. 9. In the meanwhile for the period of four weeks, the respondents are directed not to take any coercive action against the petitioners.

In case, the respondents come to the conclusion that encroachments exist on the property in question and the petitioners have no right over the same, they would be at liberty to demolish the same for the purpose of construction of the road and proceed further in accordance with law.

Before parting with this order, it is made clear that this Court has not issued any direction/order to the respondents to decide the representations of the petitioners in a particular manner/way. They would be at liberty to decide the said representations of the petitioners in accordance with law.

(ANOOP KUMAR DHAND),J

Karan/9-12 & 36