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2025 DAILYLAW 17941 (RAJ)

KISHAN SINGH v. STATE OF RAJASTHAN

CW/7952/2024 · 2025-04-15

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:16141] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7952/2024 1. Kishan Singh, Aged About 60 Years, S/o Shri Heeralal 2. Murari, Aged About 43 Years, S/o Shri Heeralal 3. Ramkishan, Aged About 50 Years, S/o Shri Heeralal 4. Ramkishore, Aged About 48 Years, S/o Shri Heeralal 5. Kallu, Aged About 35 Years, S/o Shri Kishanlal 6. Pappu, Aged About 40 Years, S/o Shri Kishanlal 7. Sher Singh, Aged About 35 Years, S/o Shri Kishanlal 8. Samaylal, Aged About 48 Years, S/o Shri Kishanalal 9. Sohanlal S/o Shri Sukka, Aged About 68 Years, All Are R/o Ballabhgarh, Tehsil Bhusawar, District Bharatpur (Rajasthan). ----Petitioners Versus 1. State Of Rajasthan, Through The Principal Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur (Rajasthan). 2. The District Collector, Bharatpur (Rajasthan). 3. The Superintendent Of Police, District Bharatpur (Rajasthan). 4. The Tehsildar, Tehsil Bhusawar, District Bharatpur (Rajasthan). 5. The Station House Officer, Police Station Bhusawar, District Bharatpur (Rajasthan). ----Respondents For Petitioner(s) : None Present For Respondent(s) : Ms. Suman Shekhawat Mr. S.P.S. Rajawat for Mr. G.S. Gill, AAG JUSTICE ANOOP KUMAR DHAND Order 15/04/2025 [2025:RJ-JP:16141] (2 of 3) [CW-7952/2024] 1. The instant writ petition has been preferred with the following prayer:- It is, therefore humbly prayed that this writ petition may kindly be accepted and allowed and the record pertaining to the case may be called for and:- (i) by issuance of writ, order or direction respondents be directed to restore the possession of the petitioners on disputed land i.e. Khata No. 506 New (Old No. 467) khasra No. 379 measuring 0.0100 hect, situated in Village Ballabhgarh, Tehsil Bhusawar, District Bharatpur; (ii) by issuance of writ, order or direction the respondents may be directed to compensate the petitioners for unauhtorized use of the disputed land till restoring the possession of the petitioners; (iii) Any other writ, order or direction which your lordships may deem fit and proper in favour of petitioners may also be passed in the interest of justice. 2. By way of filing this petition, the petitioner is seeking restoration of possession of the disputed land and is further seeking direction to get compensation. 3. Contents of the writ petition indicate that with regard to the grievance raised in the instant writ petition, the petitioner approached this Court earlier also by way of filing SB Civil Writ Petition No. 2197/2024 and the same was disposed of by this Court vide order dated 05.03.2024 granting opportunity to the petitioner to avail the remedy available to him with law including pursuing the representation to be made to the police authorities and the authority concerned were directed to decide the same in accordance with law. 4. It appears that in pursuance of order passed by this Court, the petitioner preferred a representation before the Inspector General of Police, Bharatpur Range on 14.03.2024 and the said [2025:RJ-JP:16141] (3 of 3) [CW-7952/2024] representation has not been decided by passing a reasoned and speaking order. Hence under this circumstances the petitioner has again approached this court by way of filing the instant writ petition. 5. In the considered opinion of this Court, when the earlier writ petition submitted by the petitioner has already been disposed of by this Court vide order dated 05.03.2024 granting opportunity to the petitioner to avail the other remedies including the remedy of filing representation before the Police authority and the petitioner has already approached the Inspector General of Police, Bharatpur Range by way of filing representation and without waiting for the decision of the same, the petitioner has approached this court again. This court is not going to decide the controversy involved in the instant writ petition, as the matter is pending before the Inspector General of Police, Bharatpur Range. 6. Instant petition is disposed of while issuing direction to Inspector General of Police, Bharatpur Range to decide the representation filed by the petitioner, after giving him opportunity of hearing as early as possible, preferably within a period of three months from the receipt of certified copy of this order. (ANOOP KUMAR DHAND),J ashu /47