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2025 DAILYLAW 40288 (RAJ)

GOPAL SHARMA S/O SHRI RAMAVTAR SHARMA v. THE STATE OF RAJASTHAN

CW/13744/2025 · 2025-10-13

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:41746] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13744/2025 1. Gopal Sharma S/o Shri Ramavtar Sharma, Aged About 49 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 2. Omprakash S/o Shri Dilsukh Ram, Aged About 75 Years, R/o Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 3. Maniram S/o Shri Malaram, Aged About 82 Years, R/o Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 4. Maniram S/o Shri Devi Sahay, Aged About 50 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 5. Babu Lal Sharma S/o Shri Devi Sahay, Aged About 65 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 6. Mahesh S/o Shri Devi Sahay, Aged About 62 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 7. Rishikesh S/o Ghasiram, Aged About 45 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 8. Sanwar Mal S/o Shri Devi Sahay, Aged About 55 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 9. Surendra S/o Shri Thakurmal, Aged About 45 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 10. Mukesh S/o Shri Thakurmal, Aged About 40 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 11. Ghisaram S/o Shri Ramkumar, Aged About 65 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 12. Pawan Kumar S/o Dhansi Ram Sharma, Aged About 54 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) 13. Satish S/o Dhansi Ram Sharma, Aged About 51 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. [2025:RJ-JP:41746] (2 of 4) [CW-13744/2025] Jhunjhunu (Raj.) 14. Naresh S/o Dhansi Ram Sharma, Aged About 48 Years, R/o Vrindavan, Barunda Kalan, Jhunjhunu, Distt. Jhunjhunu (Raj.) ----Petitioners Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Revenue, Government Of Rajasthan, Government Secretariat, Rajasthan, Jaipur (Raj.) 2. The Deputy Secretary To Govt. Department Of Revenue (Group-6), Government Of Rajasthan, Government Secretariat, Rajasthan Jaipur. (Raj.) 3. The District Collector Jhunjhunu, District Jhunjhunu (Rajasthan) 4. The Sub-Divisional Officer Jhunjhunu, District Jhunjhunu (Rajasthan) 5. The Tehsildar Jhunjhunu, Distt. Jhunjhunu (Rajasthan). ----Respondents For Petitioner(s) : Mr. Sunil Kumar Singodiya, Adv. with Mr. Rahul Saini, Adv. For Respondent(s) : Ms. Poonam Rao, Adv. on behalf of Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 13/10/2025 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.1517 & 1518 located at Village Vrindavan, Tan Bhatunda Kalan, Distt. Jhunjhunu and further the respondents be directed to [2025:RJ-JP:41746] (3 of 4) [CW-13744/2025] allot land for 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. Ms. Poonam Rao, Adv. puts in appearance on behalf of Mr. V.D. Gathala, AGC as counsel for the respondent-Revenue Department. 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 have proceeded to dispossess the petitioners from their residences. Learned counsel further submits that the petitioners are living in dwelling houses built on the land in dispute since long and are having electricity connection. 5. Learned counsel for the respondent-Revenue Department argues that the action is being carried out in accordance with law. 6. Considering the overall facts and circumstances of the case, this Court deems it fit to dispose of the present petition with the direction that the petitioner shall mark their presence before the Tehsildar on 20.11.2025 at 11.00 a.m., who has issued notice under Section 91 of the Rajasthan Land Revenue Act, 1956. Tehsildar is directed to pass appropriate orders, strictly in [2025:RJ-JP:41746] (4 of 4) [CW-13744/2025] accordance with law, after considering the facts. Till passing of the orders by the concerned Tehsildar, status quo, as on date, be maintained qua the petitioners. 7. In that view of the matter, the present petition stands disposed of. Stay application and all other pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /33