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2025 DAILYLAW 3217 (RAJ)

KAILASH CHAND SHARMA S/O SHRI RAM SAHAY SHARMA v. THE STATE OF RAJASTHAN

CW/1063/2025 · 2025-01-23

Manindra Mohan Shrivastava, Shubha Mehta

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:3397-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ(PIL) Petition No. 1063/2025 Kailash Chand Sharma S/o Shri Ram Sahay Sharma, Aged About 60 Years, R/o Village And Post Saleta, Tehsil Thanagazi, District Alwar, ----Petitioner Versus 1. The State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur. 2. District Collector, District Alwar. 3. Sub Divisional Officer, Thanagazi, District Alwar. 4. Tehsildar, Thanagazi, District Alwar. 5. Sarpanch, Gram Panchayat, Saleta, Tehsil Thanagazi, District Alwar. ----Respondents For Petitioner(s) : Mr. Vijay Pathak with Mr. Vinod Kumar Singhal For Respondent(s) : Mr. G.S. Gill, AAG with Ms. Shikha Sharma HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 23/01/2025 1. Mr. G.S. Gill, AAG enters appearance on behalf of respondents on advance copy. 2. The petitioner has filed this PIL in pro-bono capacity seeking to raise public cause by submitting that even though, Tehsildar has drawn proceedings under Section 91 of the Land Revenue Act declaring encroachment and removal, the encroachers are not being removed. [2025:RJ-JP:3397-DB] (2 of 2) [CW-1063/2025] 3. We find that though the petitioner has filed copies of the orders of removal of encroachment, the persons against whom orders have been passed, have not been impleaded as respondents. 4. Be that as it may, it goes without saying that unless the persons against whom the order of eviction has been passed, have taken remedy against those orders in appeal or other proceedings and interim orders are operating in their favour, the order of removal of encroachment is required to be brought to its logical conclusion by removing. 5. As there is no material with us in the petition to show as to whether those persons against whom the orders of eviction has been passed have taken any remedy or not, we are inclined to dispose of the petition with a direction to respondent No. 4- Tehsildar, Thanagazi, District Alwar to execute the orders unless the persons against whom the orders of eviction have been passed, produce any order of interim nature or an order setting aside the eviction orders as early as possible. (SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),CJ Naval Kishore/Neeru/15