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2021 DAILYLAW 2407 (RAJ)

DAYACHAND S/O SHRI BHOOR SINGH MALI v. DISTRICT COLLECTOR

CW/14560/2021 · 2026-03-10

Anuroop Singhi

body2021

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14560/2021 Dayachand S/o Shri Bhoor Singh Mali, Aged About 60 Years, R/o Near Chooka Das Ji Temple, Tehsil Ramgarh, District Alwar, Raj. ----Petitioner Versus District Collector, Alwar, Collectorate, Alwar, Raj. ----Respondent For Petitioner(s) : Mr. Ram Babu Sharma For Respondent(s) : Mr. G.S. Gill, AAG with Mr. Manoj Chaudhary and Mr. Yadvendra Patel Mr. Deepak Sharma HON'BLE MR. JUSTICE ANUROOP SINGHI Order 10/03/2026 1. Mr. G.S. Gill, learned AAG, submits that the present writ petition has been filed challenging the order dated 21.09.2021, passed by the District Collector, Alwar, however, the petitioner has a statutory remedy of filing appeal against the said order before the Revenue Appellate Authority (RAA), Rajasthan, by invoking the provisions of Section 75 of the Rajasthan Land Revenue Act, 1956 (herein after referred as ‘the Act of 1956’) 2. The availability of alternative statutory remedy is not disputed by the learned counsel for the petitioner, however, he submits that as the writ petition has been pending since the year 2021 and an interim order was passed by this Court on 14.12.2021 granting interim protection to the petitioner, the same (2 of 2) [CW-14560/2021] be continued till the disposal of the stay application which may be filed by the petitioner along with the appeal before the RAA. 3. Taking note of the above facts, the present writ petition is disposed of while granting liberty to the petitioner to file an appeal under Section 75 of the Act of 1956, along with a stay application before the RAA, within a period of twenty days from today i.e. 10.03.2026. 4. In the event of any such appeal along with stay application being filed by the petitioner, the same would be decided by the Appellate Authority by passing a speaking and reasoned order, after granting opportunity of hearing to the petitioner, in accordance with law, within a period of thirty days thereafter. 5. It is further clarified that till any decision on the stay application is made, the interim order as passed by this Court dated 14.12.2021 shall remain in operation. 6. With the abovementioned directions, the present writ petition stands disposed of. 7. Pending application(s), if any, also stands disposed of. (ANUROOP SINGHI),J DIPESH CHAYAL /258 S