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2025 DAILYLAW 20044 (RAJ)

SAHAB SINGH S/O SHRI LOHARE v. THE STATE OF RAJASTHAN

CW/8126/2025 · 2025-05-27

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8126/2025 1. Sahab Singh S/o Shri Lohare, Aged About 72 Years, R/o Vijay Nagar Colony, Heera Das, Bharatpur, Rajasthan. 2. Smt. Mahadevi W/o Shri Mukesh Kumar, Aged About 55 Years, R/o Tilak Nagar, Near Barkhandi Mahadev Mandir, Bharatpur. ----Petitioners Versus 1. The State Of Rajasthan, Through Principal Secretary, De- partment Of Urban Development, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Bharatpur Development Authority, Through Its Com- missioner, Bharatpur (Raj.) ----Respondents For Petitioner(s) : Mr. Dinesh Chand Gupta For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 27/05/2025 1. By way of filing this writ petition, a general notice dated 27.02.2025 issued by Bharatpur Development Authority, Bharatpur has been challenged. 2. Learned counsel for the petitioner submits that by issuing the aforesaid general notice, the respondents are bent upon to take action against the petitioners by treating them as encroachers upon the land bearing khasra Nos. 299, 230, 231, 255/544, 223, 224, 225, 226, 227, 228, 279, 268, 269 and 270 etc. 3. Counsel submits that the petitioners purchased certain part of property by way of registered sale deed and they are in rightful possession of the same, but without conducting a proper survey and without examining the title of the petitioners, a general notice has been issued. Counsel submits that a notice for demand of (2 of 2) [CW-8126/2025] justice has been served upon the respondents by the petitioners for redressal of their grievances, but no heed has been paid, hence, under these circumstances, the petitioners have approached this Court by way of filing this petition. 4. Without going into the controversy involved in the matter with regard to the question that whether the petitioners are in rightful possession or not, it is a question of fact, which can be adjudicated by the respondents-authorities after affording due opportunity of hearing to the petitioners and considering their documents upon which they are placing reliance. 5. Since the petitioners have already approached the respondents by way of notice for demand of justice and the same has not been decided as yet and considering the above factual aspect of the matter, this Court deems it just and proper to dispose of the instant writ petition by issuing directions to the respondents to decide the notice for demand of justice/representation of the petitioners, strictly in accordance with law, by passing a reasoned and speaking order after affording them due opportunity of hearing within a period of four weeks. 6. For a period of four weeks, no coercive action be taken against the petitioners. 7. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/9