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2025 DAILYLAW 26145 (RAJ)

KESAR DUDI W/O LATE CAPTAIN C.R. DUDI v. THE STATE OF RAJASTHAN

CW/11621/2025 · 2025-08-04

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11621/2025 Kesar Dudi W/o Late Captain C.R. Dudi, Aged About 76 Years, R/o Plot No. 17, Kailash Nagar, Jhotwara, Jaipur. ----Petitioner Versus 1. The State Of Rajasthan, Through Director General Of Police, Police Headquarter, Lalkothi, Jaipur. 2. The Commissioner Of Police, Police Commissionerate, Govt. Hostel, M.I. Road, Jaipur. 3. Smt. Chhindrapal Kaur W/o Shri Gurdas Singh, R/o 82, Shilp Colony, Jhotwara, Jaipur. ----Respondents For Petitioner(s) : Mr. Ajit Kaswa through VC For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 04/08/2025 1. The instant writ petition has been filed by the petitioner with the following prayer:- i) The respondents may kindly be directed not to dispossess the petitioner from the plot no. 319 situated at Sirsi Road, Khatipura, Officers Campus Extension Scheme, Jaipur without following the due procedure of law. ii) Any other order which the Hon'ble Court may deems fit and proper in the facts and circumstances of the case also be passed in favour of humble petitioner along with cost of writ petition. (2 of 2) [CW-11621/2025] 2. By way of filing this writ petition, the petitioner is seeking direction against the respondents not to dispossess her from the subject land. 3. Counsel for the petitioner submits that civil dispute with regard to the subject land is pending between the parties before the Civil Judge, Jaipur Metropolitan-II but inspite of the above, the respondents are bent upon to dispossess the petitioner, hence interference of this Court is warranted. 3. Heard and considered the submissions made at Bar and perused the material available on record. 4. By way of filing this writ petition, the petitioner is seeking direction against the respondents not to dispossess her from the subject land. The aforesaid relief sought by the petitioner cannot be granted by this Court by exercising its power contained under Article 226 of the Constitution of India as the disputed facts are involved. Since the petitioner has already approached the Civil Court for redressal of her grievance, the petitioner is at liberty to seek appropriate relief by way of filing appropriate stay application. 5. In view of the above, the present petition is not maintainable and the same is liable to be and is hereby dismissed with the liberty aforesaid. 6. Stay application and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Ashu/11