RAJESH KUMAR DHAYAL S/O SH. BHAGTA RAM DHAYAL v. THE STATE OF RAJASTHAN
CW/3925/2021 · 2025-03-24
Inderjeet Singh, Pramil Kumar Mathur
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 11147 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11147 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:13206-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ (PIL) Petition No. 3925/2021 Rajesh Kumar Dhayal S/o Sh. Bhagta Ram Dhayal, Aged About 44 Years, Resident Of Dhani Dhayalon Ki, Chomu Purohitan, Sikar, Rajasthan-332602. ----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Department Of Revenue, Secretariat, Jaipur.
2. District Collector, Sikar.
3. Tehsildar, Tehsil Shreemadhopur, District Sikar.
4. Ajmer Vidhyut Vitran Nigam Ltd., Through Its Managing Director, Vidhyut Bhawan, Panchsheel Nagar, Ajmer.
5. Executive Engineer (O And V), Ajmer Vidhyut Vitran Nigam Ltd., Reengus, Distt. Sikar.
6. The Director, Directorate Gopalan, Rajasthan, Tonk Road, Jaipur.
7. Shree Shyam Mandir Committee, Khatushyam Ji, Distt. Sikar Through Its President.
8. Shree Shyam Mandir Gaushala, Through Its President, Village Chomu Purohitan, Tehsil Shreemadhopur, Distt. Sikar. ----Respondents For Petitioner(s) : Mr. Ashish Sharma Upadhyay For Respondent(s) : Mr. GS Gill, AAG with Ms. Shikha Sharma Mr. RK Sharma Mr. Ram Kishan Sharma HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 24/03/2025
1. This writ (PIL) petition has been filed by the petitioner with the following prayers:-
[2025:RJ-JP:13206-DB] (2 of 3) [CW-3925/2021]
“(i) To quash and set aside impugned orders dated 01.07.2020 and 15.01.2021 and cancel the allotment of land of Gaushala on Khasra No.971 and 972/5 situated at village Chomu Purohitan, Tehsil Shree Madhopur, District, Sikar. (ii) Any other appropriate order or direction which this Hon’ble Court may deem fit and proper in the
facts and circumstances of the present case, may also be passed in favour of the petitioner. (iii) Cost of the writ petition be awarded.”
2. By this writ petition, the petitioner has challenged the orders dated 01.07.2020 and 15.01.2021. The order dated 01.07.2020 was issued by the respondents, by which certain piece of land was allotted in favour of respondent No.7-Shree Shyam Mandir Committee, for establishment of Gaushala. The said order was challenged by the Tehsildar before the Revenue Minister. The appeal filed on behalf of the Tehsildar Shree Madhopur, District- Sikar was dismissed by the order dated 15.01.2021.
3.
Learned counsel for the petitioner submits that the petitioner has filed an application for impleadment before the concerned Minister, however no order has been passed on his application. Therefore, he has filed present writ (PIL) petition.
4. Learned Additional Advocate General has opposed the writ (PIL) petition and has submitted that the petitioner has misused the process of law by filing the present PIL petition as the petitioner is having alternative remedy to challenge the order dated 15.01.2021 passed by Court of the Minister, Revenue, Colonization Irrigated Area Development and Water Utility Department, Government of Rajasthan, Jaipur.
[2025:RJ-JP:13206-DB] (3 of 3) [CW-3925/2021]
5. Heard learned counsel for the parties and perused the record.
6. This writ petition is liable to be dismissed on two grounds:-
7. Firstly the petitioner is having alternative remedy under the law to challenge the order dated 15.01.2021 passed by Court of the Minister, Revenue, Colonization Irrigated Area Development and Water Utility Department, Government of Rajasthan, Jaipur
8. Secondly, the order dated 01.07.2020 passed by the District Collector, Sikar has been examined by the Revisional Authority and the Revisional Authority passed the order dated 15.01.2021, therefore in our considered view both the orders cannot be challenged by the petitioner in present writ (PIL) petition.
9. In that view of the matter, the present writ (PIL) petition is dismissed.
(PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Sunita/91