SMT. USHA RANI W/O SHRI KUNWARJEET SINGH v. STATE OF RAJASTHAN
CW/6445/2025 · 2025-04-30
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 14710 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14710 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6445/2025 Smt. Usha Rani W/o Shri Kunwarjeet Singh, Aged About 54 Years, R/o 111/112, Deen Dayal Nagar, Bharatpur Rajasthan,321001. ----Petitioner Versus
1. State Of Rajasthan, Through Additional Chief Secretary (Home), Government Secretariat, Jaipur, Rajasthan. 2. District Magistrate And Collector, Bharatpur, Rajasthan. 3. Superintendent Of Police, Bharatpur, Rajasthan. 4. Bharatpur Municipal Corporation, Through Its Commissioner, Near Mathura Gate, Tara Mahendra Colony, Bharatpur-321001 (Raj). ----Respondents For Petitioner(s) : Mr. Vikram Shishwal For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND Order 30/04/2025
1. The instant writ petition has been filed by the petitioner with the following prayer:
“(i) Declare the action of the respondents in marking the properties of the petitioners for the purpose of attachment as arbitrary, illegal, non-est and violative of fundamental and legal rights of the petitioner. (ii) Direct the Respondents not to undertake any steps for disposition of the petitioner or
(2 of 3) [CW-6445/2025] attachment and demolition in respect of other properties mentioned in the ANNEXURE-4. (iii) Restrain the respondents from interfering with the peaceful possession of the petitioners’ aforesaid properties. (iv) Any other order as Your Lordships may deem just and proper in the facts and circumstances of the case may kindly be passed, in the interest of justice.”
2. By way of filing this petition, a prayer has been made for issuing directions to not attach or demolish the property of the petitioner. 3. Counsel submits that the petitioner is the registered owner of the property in question and he has purchased the land in question through different lease deeds, but without following the due process of law, the respondents are bent upon to demolish the properties of the petitioner. Counsel submits that on earlier occasion also, the said action was proposed to be taken against the petitioner, hence, he approached this Court by way of filing S.B. Civil Writ Petition No.12585/2024, wherein, interim protection was granted to the petitioner restraining the respondents to not demolish the same without following the due process of law. Counsel submits that without paying heed to the aforesaid order, the respondents are bent upon to demolish the other properties of the petitioner. 4. No material has been placed on the record to satisfy this Court about the action of the respondents, by which they are bent upon to demolish the properties of the petitioner.
(3 of 3) [CW-6445/2025]
5. In case, the petitioner feels aggrieved by any action of the respondents, he would be at liberty to approach the authorities concerned for redressal of his grievance along with documents, on the basis of which, he is claiming his right title and interest over the land in dispute by way of filing representation/application. In case, any representation is submitted, the respondents are expected to decide the same first, before taking any action against the petitioner by passing a reasoned and speaking order. 6. With the aforesaid observation, the instant writ petition stand disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/37