GRAM PANCHAYAT BEEJWAD v. STATE REVENU DEPARTMENTORS
CW/10562/2016 · 2025-05-16
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24486 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24486 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:20731] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10562/2016 Gram Panchayat Beejwar Chauhan, Tehsil Mundavar, District Alwar Through Sarpanch. ----Petitioner Versus Mula Ram Son Of Shri Phusa Ram, By Caste Jat, Gram Beejwad Chauhan, Tehsil Mundawar, Dist. Alwar. ----Respondent For Petitioner(s) : Ms. Naina Saraf For Respondent(s) : Mr. Rohit Choudhary JUSTICE ANOOP KUMAR DHAND
Order 16/05/2025
1. Aggrieved by order dated 23.07.2015 passed by Board of Revenue, the notice dated 05.06.2015 issued by Gram Panchayat has been quashed.
2.
Learned counsel for the petitioner submits that a notice for removal of encroachment was issued by the Panchayat to the respondents on 05.06.2015 against which the respondent approached the Board by way of filing revision petition and the same was allowed ex parte by the impugned order dated 23.07.2015 and the notice dated 05.06.2015 was quashed and set aside.
3.
Learned counsel submits that without providing any opportunity of hearing, the impugned order has been passed by the Board, which has resulted in violation of principles of natural
[2025:RJ-JP:20731] (2 of 2) [CW-10562/2016] justice. Learned counsel submits that in view of the statements made hereinabove, interference of this Court is warranted.
4. Per contra, learned counsel for the respondents has opposed the arguments, however, is not in a position to controvert the same.
5. Considering the arguments made by learned counsel for the petitioner and looking to the fact that the notice dated 05.06.2015 issued by the Panchayat has been quashed ex parte by the Board of Revenue by the impugned order dated 23.07.2015 which has resulted in violation of principles of natural justice, the impugned
order dated 23.07.2015 is liable to and is hereby quashed and set aside and the matter is remitted to the Board to decide the same afresh therefore, both the parties are directed to appear before the Board on 10.07.2025.
6. It is expected from the Board to decide the matter afresh after affording opportunity of hearing as expeditiously as possible.
7. The writ petition is accordingly disposed of with the above directions.
8. Stay application as well as any pending application stands
disposed of.
(ANOOP KUMAR DHAND),J ANIL SHARMA /36