SMT CHAUTHI DEVI WIFE OF LATE SHRI GOPAL LAL YADAV v. RAJASTHAN GRAMDAN BOARD
CW/1058/2025 · 2025-05-06
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35326 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35326 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:18987] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.1058/2025 Smt Chauthi Devi Wife Of Late Shri Gopal Lal Yadav, Aged About 66 Years, Resident Of Village, Aaidan Ka Bas, Via Kalwar, Tehsil Jobner, Distt. Jaipur. ----Petitioner Versus
1. Rajasthan Gramdan Board, Through Its Chairman, Dhabai Ji Ki Haveli, Opp. Hawa Mahal, Badi Chopar, Jaipur (Raj).
2. The Dy. Secretary, Revenue (Group-6), Govt. Of Rajasthan, Secretariat, Jaipur.
3. The District Collector, Jaipur, Collectorate Circle, Ambabari, Jaipur.
4. The Tehsildar, Tehsil Sambherlake, Distt. Jaipur.
5. The Gram Sabha, Gram Dani Village, Aadan Ka Bas, Theough Its President Resident Of Village - Aidan Ka Bas, Via Kalwar, Tehsil Jobner, Distt. Jaipur.
6. Kana Ram Son Of Sh. Narain Jat, Resident Of Village Aidan Ka Bas, Tehsil Jobner, Distt. Jaipur.
7. Heera Lal Son Of Sh. Kana Ram, Resident Of Village Aidan Ka Bas, Tehsil Jobner, Distt. Jaipur.
8. Mohan Lal Son Of Sh. Kana Ram, Resident Of Village Aidan Ka Bas, Tehsil Jobner, Distt. Jaipur.
9. Prahlad Sahai Son Of Sh. Kana Ram, Resident Of Village Aidan Ka Bas, Tehsil Jobner, Distt. Jaipur. ----Respondents For Petitioner(s) : Mr. P.C. Sharma JUSTICE ANOOP KUMAR DHAND
Order 06/05/2025
1. The instant writ petition has been filed with the following prayer:-
[2025:RJ-JP:18987] (2 of 4) [CW-1058/2025]
“i) By appropriate writ, order or direction, your lordship may kindly be pleased to quash and set aside the order/letter dated 4.6.2024 and 26.6.2024 whereby no decision has been taken by the Gramdan Board and Gramsabha on the application of the petitioner whereby she prayed that the private respondents be restrained from dispossessing the petitioner from her land khasra No. 10/1 and further restrained them from using the land of the petitioner forcefully. ii) By way of appropriate writ order or directions, the Gramdan Board may be directed to decide the application of the petitioner as per the available revenue record and pass an effective order so that the private respondents may be restrained to change the Khasra Numbers of the petitioner in their name. iii) By appropriate order or directions, your lordship may kindly direct the official respondents to allow both the parities to use the land as per the revenue record and to maintain status quo accordingly. The gramsabha may be directed not to change any revenue record and allow the parties to use the land as per the revenue record available with them and also with the state Revenue Department. iv) By appropriate order or directions, your lordship may kindly be pleased to restrain the respondents dispossessing the petitioners from their land of Kh. No. 10/1. Any other appropriate order which this Hon'ble Court deem fit and suitable for the benefit of the petitioner may kindly be passed and cost of the writ petition may also be allowed in favour of the petitioner.”
2.
Learned counsel for the petitioner submits that the petitioner is in possession of the land in question and the village of the petitioner has been declared as Gramdan village under the provisions of Rajasthan Gramdan Act, 1971 (hereinafter referred to as “the Act of 1971”). Now the family members of the
[2025:RJ-JP:18987] (3 of 4) [CW-1058/2025] petitioner are bent upon to dispossess her from the property in question, hence, under these circumstances, the petitioner has approached the Gramdan Board for redressal of her grievances by way of filing an application under Sections 26, 27 & 28 of the Act of 1971. Learned counsel submits that the aforesaid application was submitted on 21.05.2024, thereafter the Assistant Secretary of the Gramdan Board vide its letter dated 04.06.2024 directed the President of the Gramsabha of Village to enquire from the record with regard to possession of the respective parties and submit its report after taking a decision in Gramsabha. Learned counsel submits that pursuant to the aforesaid letter, the President of Gramsabha, Gramdani Village intimated the Assistant Secretary, Gramdan Board vide its letter dated 26.06.2024 that re-conciliation proceedings would be conducted between the parties and accordingly, the decision would be taken and implemented.
3.
Learned counsel for the petitioner submits that more than 10 months have passed thereafter, but nothing has been done in this regard for the reasons best known to the authorities concerned, hence, under these circumstances interference of this Court is warranted.
4. Heard and considered the submissions made at Bar and perused the material available on the record.
5. Perusal of the material available on the record indicates that two applications have been submitted by the petitioner before the President, Gramsabha of the Gramdani Village as well as before the Gramdan Board in the month of May, 2024. The
[2025:RJ-JP:18987] (4 of 4) [CW-1058/2025] application addressed to the Gramdan Board was dealt by the Assistant Secretary and, accordingly, a direction was issued to the President of the concerned village to conduct an enquiry with regard to possession of the parties, but till date no enquiry has been conducted and no decision has been taken by the concerned Gramsabha of the village.
6. Instead of entering into the controversy involved in this matter between the Gramdan Board and Gramdani Village, this Court deems it just and proper to issue directions to the respondents to decide the application submitted by the petitioner expeditiously as early as possible preferably within a period of three months from the date of receipt of certified copy of this
order strictly in accordance with law after granting opportunity of hearing to all the respective parties.
7. Accordingly, the writ petition stands disposed of. Stay application as well as all applications (pending, if any) also stand
disposed of.
(ANOOP KUMAR DHAND),J Karan/3s