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2025 DAILYLAW 16470 (RAJ)

MISS VINITA D/O LATE CAPTAIN VIRENDRA KUMAR SAXENA v. ABDUL SALAM S/O SH. ABDUL KARIM

CW/7231/2025 · 2025-07-01

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:24048] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.7231/2025 Miss Vinita D/o Late Captain Virendra Kumar Saxena, Resident Of 204, Sumangal Apartment, Kanwatiya Circle, Shastri Nagar, Jaipur ----Petitioner Versus 1. Abdul Salam S/o Sh. Abdul Karim, Resident Of Ghonsi Mohalla, Kishorpura Kota. 2. Abdul Kalam S/o Sh. Abdul Salam, Resident Of Ghonsi Mohalla, Kishorpura Kota. 3. Aslam Sher S/o Sh. Abdul Salam, Resident Of Ghonsi Mohalla, Kishorpura Kota. 4. Sahid S/o Sh. Salam, Resident Of Ghonsi Mohalla, Kishorpura Kota. 5. Fakir Mohammad S/o Sh. Din Mohammad, Resident Of 232, Namrata Awas, Bajrang Nagar Kota. 6. State Of Rajasthan, Through Tehsildar Kota, District And Tehsil, Kota. 7. Hemraj S/o Shri Panna Lal, Resident Of Banjara Gali, Kishorpura, District And Tehsil Kota, Raj. 8. M. Sukhveer Kaur W/o Late Sh. Datar Singh, Resident Of 367-A, Talvandi Kota, District And Tehsil Kota (Raj.) 9. Charanjeet Singh S/o Late Sh. Datar Singh, Resident Of 367-A, Talvandi Kota, District And Tehsil Kota (Raj.) 10. Harpreet Kaur D/o Late Sh. Datar Singh, Resident Of 367- A, Talvandi Kota, District And Tehsil Kota (Raj.) 11. Smt. Upkar Singh D/o Late Sh. Datar Singh, Resident Of 367-A, Talvandi Kota, District And Tehsil Kota (Raj.) 12. Smt. Anjali D/o Late Sh. Captain Virendra Kumar Sexena W/o Balkishan Saxena, Resident Of Rz/367, Gali Number 16, Holi Chock Ke Pass, Durga Vihar Phase-2, Najafgarh Road, New Delhi. 13. Atul S/o Late. Captain Virendrar Kumar Sexena, Resident Of 86, Panchawati, Udaipur (Raj.) 14. Smt. Shalini Saxena D/o Late Sh. Captain Virendra Kumar Saxena W/o Abhimanyurai, Resident Of 501. Eden [2025:RJ-JP:24048] (2 of 3) [CW-7231/2025] Garden, Bajaj Nagar, Enclave, Jaipur. ----Respondents For Petitioner(s) : Mr. Sandeep Saxena Ms. Neha Swami JUSTICE ANOOP KUMAR DHAND Order 01/07/2025 1. A limited prayer has been made by the counsel for the petitioner for issuing directions to the Sub-Divisional Officer, Kota to decide the matter expeditiously as early as possible within a time frame. 2. Learned counsel for the petitioner submits that the dispute between the parties pertains to the year 1998. Learned counsel submits that the matter was decided by the competent authority twice and on both occasions, the judgments passed by the authority were assailed before the Board of Revenue (for short “the Board”). Learned counsel submits that, on earlier occasion also, the matter was remanded vide order dated 29.10.2003 and finally the same was decided on 21.07.2011 by the Additional Divisional Commissioner, Kota, but aggrieved by the aforesaid judgment, the respondents preferred an appeal before the Board and the same remained pending before the Board for a considerable time and now again the matter has been remanded to the Sub-Divisional Officer for its fresh decision and adjudication. Learned counsel submits that earlier the matter was contested by the father of the petitioner, who had expired during pendency of a long battle between the parties, hence, mother of [2025:RJ-JP:24048] (3 of 3) [CW-7231/2025] the petitioner was impleaded but she had also expired in-between. Learned counsel submits that looking to the long duration of the litigation, appropriate directions be issued to the Sub-Divisional Officer, Kota to speed up the proceedings of the case and decide the same expeditiously as early as possible in the interest of both the parties. 3. Considering the above factual aspect of the matter and looking to the fact that dispute between the parties pertains to the year 1998 and the original petitioner Virendra Kumar Saxena expired during litigation and his wife has also expired. More than 27 years have passed from the date of initial start of litigation, i.e., almost three decades have passed in between. 4. In view of above, the instant writ petition stands disposed of issuing directions to the Sub-Divisional Officer, Kota to take up the matter on priority basis and make all possible endeavors to decide the same expeditiously as early as possible preferably within a period of three months from the date of receipt of certified copy of this order after affording due opportunity of hearing to all the respective parties. 5. Stay application as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/28