Rajendra Singh Vs State of Raj and Ors. — Rajasthan HC (2025) — LawSathi Research

Rajendra Singh Vs State of Raj and Ors. — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to approach the authority concerned for redressal of his grievances; in case he approaches within one month, the authority is expected to hear and decide the matter on its merits after affording opportunity of hearing to all respective parties, expeditiously, preferably within three months thereafter; stay application and all pending applications stand disposed of; Office directed to send a copy of the order to the unrepresented petitioner for intimation.

Issue for consideration

Whether the petitioner could challenge, by way of writ petition, the District Collector's order dated 02.12.2004 setting apart land for residential purposes, when the order is revisable before the authority concerned and an alternative statutory remedy of filing a revision petition was available to him.

Court's answer

It is a settled proposition of law that whenever an alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of the said authority; the petitioner, aggrieved by a revisable order of 2004, ought to have first availed the revision remedy before approaching this Court.

Ratio / Principle

On the ground of non-availment of the alternative statutory revision remedy alone, the writ petition stands disposed of, granting liberty to the petitioner to approach the authority concerned for redressal of his grievances.

Detailed headnote1 paragraphs

Writ petition challenging the order dated 02.12.2004 of the District Collector, Jhunjhunu, whereby land was set apart for residential purposes - disposed of at the threshold solely on the ground that an alternative statutory remedy of filing a revision petition was available to the petitioner and was bypassed. Held: where an alternative statutory remedy exists, a person cannot be allowed to bypass the jurisdiction of that authority. Liberty granted to approach the concerned authority within one month, with the authority expected to hear and decide the matter on merits after affording opportunity of hearing to all parties, expeditiously, preferably within three months. Stay application and pending applications disposed of. Petitioner remained unrepresented; Office directed to send a copy of the order to him.

[2025:RJ-JP:20155]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No.4554/2005

Rajendra Singh S/O Shri Sujan Singh aged about 35 years R/O Gram Bairagargh, Panchayat Samiti Bakani, Distt. Jhalawar. At present Sarpanch, Gram Panchayat Bairagarh.

----Petitioner

Versus

State of Rajasthan through Secretary, Panchayati Raj. State Secretariat, Japanth, Jaipur.

Department of Revenue, through Secretary Secretariat, Jaipur.

District Collector, Jhalawar (Rajasthan)

Sub-Divisional Officer, Aklera, Distt. Jhalawar (Rajasthan)

----Respondents

For Petitioner(s) : None present For Respondent(s) : None present

JUSTICE ANOOP KUMAR DHAND

Order

13/05/2025

By way of filing this writ petition, a challenge has been led to the impugned order dated 02.12.2004 issued by the District Collector, Jhunjhunu by which the land has been set apart for residential purposes.

The aforesaid order was passed way-back in the year 2004 and no interim order has been passed by this Court. If at all the petitioner is aggrieved by the aforesaid order, the same is revisable before the authority concerned but without availing the alternative statutory remedy of filing revision petition, the petitioner has straightway approached this Court by way of filing this writ petition.

[2025:RJ-JP:20155]

[CW-4554/2005]

(2 of 2)

It is settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of the said authority.

In view of the above, instant petition stands disposed of on this count alone granting liberty to the petitioner to approach the authority concerned for redressal of his grievances.

In case, the petitioner approached the authorities concerned within a period of one month from today, it is expected from the said authority to hear and decide the same on its merits after affording opportunity of hearing to all the respective parties, expeditiously as early as possible, preferably within a period of three months thereafter.

Stay application and all applications (pending, if any) also stand disposed of.

Since the petitioner has remained unrepresented before this Court, he is not aware about passing of this order. Office is directed to send a copy of this order to the petitioner for his intimation/information of this order.

(ANOOP KUMAR DHAND),J

Karan/26