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2025 DAILYLAW 3649 (RAJ)

SHRAVAN KUMAR SON OF SHRI HARINARAYAN v. STATE OF RAJASTHAN

CW/914/2025 · 2025-04-09

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:15890] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.914/2025 Shravan Kumar Son Of Shri Harinarayan, Aged About 58 Years, Resident Of Shyalawas Kalan, Tehsil Baswa, District Dausa (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through District Collector, District Dausa. 2. Sub Divisional Officer, Bandikui, District Dausa. 3. Allotment Advisory Committee, Through Sub Divisional Officr, Bandikui, District Dausa. 4. Tehsildar, Tehsil Bandikui, District Dausa. 5. Chairman, Nagarpalika Mandal, Bandikui, District Dausa. 6. Executive Officer, Nagarpalika Mandal, Bandikui, District Dausa. 7. Sarpanch, Gram Panchayat Shyalawas Kalan, Panchayat Samiti Bandikui, District Dausa. 8. President, Akhil Bhartiya Bairwa Mahasabha, Bandikui, District Dausa. ----Respondents For Petitioner(s) : Mr.Hansraj Kuldeep Ms.Aditi Chulet Mr.Pramod Jagarwal Ms.Manisha Yogi JUSTICE ANOOP KUMAR DHAND Order 09/04/2025 1. By way of filing of this writ petition, a challenge has been led to the impugned order dated 06.09.2023 passed by the District Magistrate, Dausa by which the land in question has been allotted to Akhil Bhartiya Bairwa Mahasabha, Bandikui in exercise of powers contained under the Rajasthan Land Revenue (Allotment of [2025:RJ-JP:15890] (2 of 3) [CW-914/2025] Unoccupied Government Agricultural Lands for the Construction of Schools, Colleges, Dispensaries, Dharamshalas & Other Buildings of Public Utility) Rules, 1963 (for short, “the Rules of 1963”). 2. Admittedly, the aforesaid order is appealable before the statutory Appellate Authority, but without availing alternative statutory remedy of filing appeal, the petitioner has straightaway approached this Court by way of filing this petition before this Court under Article 226 of the Constitution of India. 3. It is the settled proposition of law that whenever alternative statutory remedy of filing appeal is available to a person, he cannot be allowed to by-pass the jurisdiction of said Authority. 4. In view of the above, the instant writ petition stands disposed of granting liberty to the petitioner to file statutory appeal before the Appellate Authority. 5. In case, such appeal is preferred by the petitioner before the Appellate Authority within a period of one month from today, it is expected from the Appellate Authority concerned to hear and decide the same expeditiously as early as possible, after affording due opportunity of hearing to all the respective parties, strictly in accordance with law, preferably within a period of three months from the date of receipt of certified copy of the order, ignoring the period of limitation. 6. Needless to observe that this Court has not issued any direction/ order to the Appellate Authority to decide the appeal in a particular way, the same would be decided by it strictly in accordance with law. [2025:RJ-JP:15890] (3 of 3) [CW-914/2025] 7. Stay application and all applications (pending, if any)also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /62