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2025 DAILYLAW 19445 (RAJ)

KUMAR SAIN, S/O RATIRAM v. THE STATE OF RAJASTHAN

CW/7861/2025 · 2025-08-04

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:29601] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7861/2025 Kumar Sain, S/o Ratiram, Aged About 65 Years, R/o Nagla Brahman, Gram Odeljat, Panchayataudelgadi, Tehsil Roopwas, District Bharatpur, Rajasthan - 321404. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department. 2. District Collector, District Bharatpur. 3. Sub - Divisional Officer, Roopbash, District. Bharatpur. 4. Block Development Officer, (Gram Vikas Adhikari), Panchayat Samiti Roopwas, Bharatpur (Raj.) ----Respondents For Petitioner(s) : Mr. Vichitr JUSTICE ANOOP KUMAR DHAND Order 04/08/2025 1. Learned counsel for the petitioner submits that by raising unauthorized construction, a gate has been constructed on the subject land. Counsel for the petitioner submits that upon the complaint made by the villagers, multiple orders have been passed by the Block Development Officer, Panchayat Samiti Roopwas for removal of the same and the orders in this regard were passed on 06.11.2024 and 11.11.2024 which has not been assailed by anyone before any Competent Court of law. Counsel submits that even the Sub Divisional Officer, Roopwas has sent multiple letters to the District Collector for providing police assistance for removal of the unauthorized construction but inspite of passing of considerable time, till date, no action has been taken, hence under these circumstances, interference of this Court is warranted. [2025:RJ-JP:29601] (2 of 2) [CW-7861/2025] 2. Heard and considered the submissions made at Bar and perused the material available on record. 3. Perusal of the record indicates that certain orders have been passed by the Competent Authority directing the appropriate authority to remove the unauthorized construction of the gate and even a request has been made for providing police assistance but no heed has been paid by the said authority. 4. In the considered opinion of this Court, the matter is required to be resolved after providing due opportunity of hearing to the aggrieved person. The petitioner is directed to file a representation before the respondents within a period of seven days from today. In case, such representation is submitted by the petitioner within the above stipulated time, it is expected from the authorities concerned to decide the same strictly in accordance with law after providing due opportunity of hearing to the aggrieved person by following the due process of law expeditiously as early as possible within a period of four weeks thereafter. 5. The present writ petition stands disposed of, accordingly. 6. Stay application and all pending application(s), if any, also stand disposed of. 7. Before parting with this order, it is made clear that this Court has not issued any order or direction to the authority concerned to decide the representation of the petitioner in a particular way, they would be at liberty to decide the same strictly in accordance with law. (ANOOP KUMAR DHAND),J Ashu/8