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2025 DAILYLAW 38331 (RAJ)

BHANWAR SINGH S/O SHRI DANA RAM v. THE STATE OF RAJASTHAN

CW/16106/2025 · 2025-11-01

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:43837] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16106/2025 1. Bhanwar Singh S/o Shri Dana Ram, Aged About 48 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 2. Paresh Patel S/o Shri Balu Ram, Aged About 44 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 3. Gulab S/o Shri Balu Ram, Aged About 40 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 4. Vijay S/o Shri Balu Ram, Aged About 38 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 5. Nimbu S/o Shri Dana Ram, Aged About 45 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 6. Hari Singh S/o Shri Dana Ram, Aged About 44 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 7. Jagdish S/o Shri Dana Ram, Aged About 40 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 8. Karni Singh S/o Shri Dana Ram, Aged About 38 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 9. Rohitash S/o Shri Phoola Ram, Aged About 45 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 10. Birdi S/o Shri Nana Ram, Aged About 39 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 11. Bagdawat S/o Shri Munshi, Aged About 50 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 12. Indira W/o Shri Pratap, Aged About 43 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 13. Hanuman S/o Shri Munshi, Aged About 49 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 14. Ratan Lal S/o Shri Birda Ram, Aged About 45 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District [2025:RJ-JP:43837] (2 of 4) [CW-16106/2025] Jhunjhunu (Raj.) 15. Madan S/o Harchand, Aged About 30 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) 16. Sultan S/o Shri Munshi, Aged About 50 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.) ----Petitioners Versus 1. The State Of Rajasthan, Through Principal Secretary, Department Of Revenue, Secretariat, Jaipur (Rajasthan). 2. The District Collector Jhunjhunu, District Jhunjhunu (Rajasthan). 3. The Sub-Divisional Officer Guda Gorji, District Jhunjhunu (Rajasthan). 4. The Tehsildar, Tehsil Guda Gorji, District Jhunjhunu (Rajasthan). 5. The Patwari, Patwar Halka Ked, Tehsil Guda Gorji, District Jhunjhunu (Rajasthan). ----Respondents For Petitioner(s) : Mr. Sunil Kumar Singodiya, Adv. through VC with Mr. Rohit Saini, Adv. For Respondent(s) : Mr. V.D. Gathala, AGC with Ms. Poonam Rao, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 01/11/2025 1. The present petition has been filed by the petitioners with the following prayers:- "(i) by an appropriate writ, order, or direction, the respondents be directed to make further action for making allotment or regularizing the old possession of the Petitioner as well as his family member upon the land of Khasra No.1200 located at Village Khatkar, Tehsil Gudha Gorji, District Jhunjhunu and further the respondents be directed to allot land for [2025:RJ-JP:43837] (3 of 4) [CW-16106/2025] residential purpose in favour of the petitioners or their family members and the respondents be also directed not to dispossess the petitioners or their family members from their residential house; (ii) Any other order which this Hon'ble Court deems fit in the facts and circumstances of the case may also be passed in favour of the petitioners. (iii) Cost of writ petition may also be awarded in favour of the petitioners." 2. Mr. V.D. Gathala, learned AGC puts in appearance and accepts notice on behalf of the respondents. 3. Learned counsel for the petitioners submits that a copy of the petition has already been supplied in the office of learned AGC. 4. Learned counsel for the petitioners submits that without providing any opportunity of hearing to the petitioners, the respondents are going to dispossess the petitioners from their residences. Learned counsel further submits that the petitioners are residing in dwelling houses built on the land in dispute since long and they have also taken electricity connection in their houses, but the respondents are going to demolish their houses. 5. Learned counsel for the petitioners further submits that the respondent No.4-Tehsildar, Tehsil Guda Gorji, District Jhunjhunu (Rajasthan) has issued a notice to the petitioners under Section 91 of the Rajasthan Land Revenue Act, 1956 and the proceedings under the same are still pending, therefore, the petition be disposed of at this stage directing the petitioners to appear before the Tehsildar for the submissions. 6. Learned counsel for the respondents argues that the action is being carried out in accordance with law. [2025:RJ-JP:43837] (4 of 4) [CW-16106/2025] 7. Considering the overall facts and circumstances of the case, this Court deems it fit to dispose of the present petition with the direction that petitioners shall mark their presence before the respo No.4-Tehsildar, Tehsil Guda Gorji, District Jhunjhunu (Rajasthan), who has issued a notice under Section 91 of the Rajasthan Land Revenue Act, 1956. The Tehsildar is directed to decide the notice issued to the petitioners within one month from the passing of this order. 7. Till passing of the orders by the concerned Tehsildar, status quo, as on date, be maintained qua the petitioners. 8. In that view of the matter, the present petition stands disposed of with the aforesaid directions. Stay application and all other pending applications also stand disposed of. (ASHUTOSH KUMAR),J Mohita /28