SULTAN SINGH S/O SHRI SAMANTA RAM v. STATE OF RAJASTHAN
CW/8260/2024 · 2025-05-09
Manindra Mohan Shrivastava, Mukesh Rajpurohit
Transfer Petitionbody2025
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[ 2025 DAILYLAW 19072 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 19072 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:19681-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition(PIL) No. 8260/2024 Sultan Singh S/o Shri Samanta Ram, Aged About 49 Years, R/o Village Gadhisad, Panchayat Randheelgarh, Tehsil Bhusawar, District Bharatpur At Present Resident Of 30/1/239, Shiv Mandir Ke Pass, Indra Nagar, Jhalana Dungari, Jaipur, Tehsil Sanganer, Jaipur - Rajasthan- 302004. ----Petitioner Versus
1. State Of Rajasthan, Through District Collector, District Bharatpur (Raj.).
2. Zila Parishad, Bharatpur, Through District Executive Officer.
3. Sub Divisional Officer, Panchayat Samiti Weir, Tehsil Bhusawar, District Bharatpur, Rajasthan.
4. Tehsildar, Tehsil Bhusawar, District Bharatpur, Rajasthan.
5. Secretary, Gram Panchayat Randheelgarh, Tehsil Bhusawar, District Bharatpur, Rajasthan. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. G.S. Gill, AAG with Ms. Shikha Sharma Ms. Sara Parveen for Mr. Kapil Prakash Mathur, AAG HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Order 09/05/2025
1. None appears on behalf of the petitioner even in the second round.
2. On the previous dates of hearing i.e. 29.04.2025 & 30.04.2025 also nobody appeared. The case was adjourned to give one more opportunity in the interest of justice.
[2025:RJ-JP:19681-DB] (2 of 2) [CW-8260/2024]
3. Today also nobody appears.
4. We find that as soon as reply was filed by the respondents disclosing that the land from which, encroachment is prayed to be removed is a private khatedari land and not a public land, nobody is appearing for and on behalf of the petitioner.
5. It is amply clear that the petitioner filed this petition by misleading the Court that there is a public way but the petitioner is claiming easementary right through the khatedari land of other khatedars. This is a misleading act so revealed only when the reply was filed by the respondents. Thus, the august forum of public interest litigation has been abused.
6. The petition is dismissed with cost of Rs.50,000/- payable by the petitioner.
7. Issue notice to the petitioner requiring him to deposit Rs.50,000/- as cost with the Registry within a period of one month, failing which, appropriate action would be taken. In case payment of cost of Rs.50,000/- is not made, Registry is directed to register a contempt case and list the case in the Court.
(MUKESH RAJPUROHIT),J (MANINDRA MOHAN SHRIVASTAVA),CJ NAVAL Gandhi/Gaurav/15