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2025 DAILYLAW 23014 (RAJ)

KAPTAN S/O SHRI JAHAN SINGH v. STATE OF RAJASTHAN

CW/9830/2025 · 2025-07-04

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. 9830/2025 1. Kaptan S/o Shri Jahan Singh, R/o Vijay Nagar, Sonpura, Tehsil And District Bharatpur (Raj.) - 321001. 2. Manoj Singh S/o Shri Jahan Singh, R/o Vijay Nagar, Sonpura, Tehsil And District Bharatpur (Raj.) - 321001. ----Petitioners Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Urban Development And Housing, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.) 2. District Collector, Bharatpur, (Raj)-321001 3. Commissioner, Bharatpur Municipal Corporation, Bharatpur, (Raj) - 321001 4. Additional District Collector, Bharatpur, (Raj)-321001 5. Sub Divisional Magistrate, Bharatpur, (Raj) - 321001 6. Station House Officer, Police Station, Atal Bandh,bharatpur, (Raj) - 321001. 7. Omprakash S/o Shri Brijlal, Near Sonpura Trijunction, Tilak Nagar, Bharatpur, (Raj) - 321001. 8. Director, Indus Towers Limited, Having Its Rajasthan Circle Office At D-34, 3Rd Floor, Subhash Marg, Zee Business Park, C-Scheme, Jaipur (Raj.)- 302001. ----Respondents For Petitioner(s) : Mr. Shyam Sunder Sharma For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 04/07/2025 1. The instant writ petition has been preferred with the following prayer: (2 of 2) [CW-9830/2025] “(a) Direct the Respondents to provide just and fair compensation to the petitioners in lieu of damage caused to their house, mental agony, mental & physical harassment, social & human rights violation and litigation cost. (b) Direct, by an appropriate writ, order or direction to the respondents that accountability of those who are responsible for the same to be ensured. (c) Direct, in alternate, by an appropriate writ, order or direction, the respondents to keep the work of erecting of mobile tower adjacent to the house of petitioners, in abeyance till the time the case of the petitioners is decided by this Hon'ble Court. (d) Direct, as ad interim measure, by an appropriate writ, order or direction, the respondents to make forthwith necessary arrangement of suitable shelter for the family of petitioners till the time the perilous house is restored to its original position. (e) Issue such other writ, order or directions as may be deemed just and proper by this Hon'ble Court in the facts and circumstances of the case and in favour of the petitioners.” 2. By way of filing instant writ petition, several prayers have been made by the petitioner. One of which is restraining the respondents from causing damage to the property of the petitioners. 3. In the considered opinion of this Court, the petitioners have civil remedy/liberty to approach the appropriate forum of law for redressal of their grievances, hence, under such circumstances, the instant writ petition stands disposed of granting aforesaid liberty to the petitioner. 4. The stay application and all pending applications, if any, also stand dismissed. (ANOOP KUMAR DHAND),J KuD/36