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2025 DAILYLAW 22914 (RAJ)

VIKRAM KUMAR SON OF LATE SHRI SHYAM LAL v. THE STATE OF RAJASTHAN

CW/10204/2025 · 2025-07-11

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:25641] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10204/2025 Vikram Kumar Son Of Late Shri Shyam Lal, Aged About 40 Years, Son Of Late Shri Sohan Lal Son Of Late Shri Kanhaiya Lal, Resident Of Village- Dhod, Sikar, Rajasthan- 332002. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur. 2. District Collector, Sikar (Raj.) 3. Tehsildar, Dhod, District- Sikar (Rajasthan). ----Respondents For Petitioner(s) : Mr. M.S. Raghav HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/07/2025 Learned counsel for the petitioner submits that petitioner is not an encroacher over the Government land rather then, he has possession in the land in question under the Patta issued by the Gram Panchayat Dhod, District Sikar (Rajasthan) on 24.06.1965 in favour of the petitioner’s forefather. Counsel submits that petitioner is in lawful possession and notice dated 29.02.2024 issued under Section 91 of the Rajasthan Land Revenue Act, 1956 for removal of the possession from the land in question, is illegal. It is submitted that under the garb of inquiry initiated under Section 91 of the Rajasthan Land Revenue Act, rights of the petitioner cannot be curtailed and his residential house constructed on allotted land cannot be demolished. Counsel submits that reply/representation along with relevant documents has already been submitted before the concerned authority but till [2025:RJ-JP:25641] (2 of 2) [CW-10204/2025] date no decision has been taken on the reply/representation filed by the petitioner. In view of above submissions, I deem it just and proper to dispose of this petition with the direction to the concerned authority to consider the reply/representation of the petitioner within a period of ten weeks from today in accordance with law. Needless to say that concerned authority shall pass a reasoned order after considering the averments made in the reply/representation and giving opportunity of hearing to the petitioner, if till date no decision has been taken on the reply/representation filed by the petitioner. Till decision of the reply/representation filed by the petitioner, parties are directed to maintain status quo with regard to land in question. In case the representation filed by the petitioner is rejected by the respondents, the alleged encroachment may not be removed/dismantled for first four weeks so that during this period, he may avail suitable legal remedy in accordance with law. With the aforesaid directions, this civil writ petition is disposed of. Stay application as well as pending application(s), if any, stand disposed of. This Court has not passed any observation on the merits of the case and thus, the reply/representation filed by the petitioner, may be decided in accordance with law without being influenced or prejudiced by this order. (ANIL KUMAR UPMAN),J LALIT MOHAN /74