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2025 DAILYLAW 40956 (RAJ)

SURENDRA SINGH S/O SAJJAN SINGH v. THE STATE OF RAJASTHAN

CW/12758/2025 · 2025-08-25

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:33664] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.12758/2025 1. Surendra Singh S/o Sajjan Singh, Aged About 77 Years, R/o Bakhtawarpura, District Jhunjhunu, Presently Residing At 38, Kanti Nagar, Near Polovictory Cinema, Jaipur-302006. 2. Jogendra Singh S/o Sajjan Singh, Aged About 75 Years, R/o Bakhtawarpura, District Jhunjhunu, Presently Residing At 38, Kanti Nagar, Near Polovictory Cinema, Jaipur-302006. 3. Ashok Kumar S/o Jagat Singh, Aged About 67 Years, R/o Bakhtawarpura, District Jhunjhunu, Presently Residing At 74, Rajani Vihar, Heerapura, Ajmer Road, Jaipur-302021. 4. Kumkum Sharma W/o Naresh Chand Sharma, Aged About 68 Years, R/o Plot No. 95, Block-A, Siddharth Nagar, Jagatpura, Jaipur. 5. Bhonriya S/o Lala, Aged About 88 Years, R/o Village Newta, Tehsil Sanganer, District Jaipur. 6. Lali Devi W/o Sitaram, Aged About 50 Years, R/o Village Newta, Tehsil Sanganer, District Jaipur. ----Petitioners Versus 1. The State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur. 2. The Commissioner, Jaipur Development Authority, Jln Marg, Jaipur. 3. The Chief Engineer, Water Resources Department, Sichai Bhawan, Jln Marg, Jaipur. 4. The Executive Engineer, Water Resources, Division Jaipur. 5. The Assistant Engineer, Water Resources, Sub-Division Kanota, Headquarter, Jaipur. 6. The Authorized Officer, Deputy Commissioner Zone-11, Jaipur Development Authority, Jaipur. 7. The Tehsildar, Tehsil Sanganer, Jaipur. ----Respondents For Petitioner(s) : Mr. Lokesh Kumar Sharma [2025:RJ-JP:33664] (2 of 3) [CW-12758/2025] Mr. Deepak Sidh Ms. Anjum Parveen JUSTICE ANOOP KUMAR DHAND Order 25/08/2025 1. By way of filing this writ petition, a challenge has been led to the impugned notice dated 31.07.2025 issued by the respondent by which the petitioners have been called upon to remove their encroachment from the subject land. 2. Learned counsel for the petitioners submits that the petitioners are in possession of the subject land since time immemorial and without following the due process of law, the respondents are bent upon to eject the petitioners from the subject land, hence, interference of this Court is warranted. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Perusal of the notice dated 31.07.2025 indicates that the same has been issued to the petitioners pursuant to certain directions issued by the Division Bench of this Court in the case of D.B. Civil Writ Petition No.11153/2011 (Suo Motu Vs. State of Rajasthan), D.B. Civil Writ Petition No.5102/2019 (Pyar Singh Meena Vs. State of Rajasthan) and D.B. Civil Contempt Petition No.44/2025 (Shri Banshi Lat Jat Vs. Smt. Anandi, Commissioner). It has been observed in the said notice that the subject land is falling in certain areas of Nevta Dam and certain encroachments have been alleged to have been done on the passage area. [2025:RJ-JP:33664] (3 of 3) [CW-12758/2025] 5. In the considered opinion of this Court, the petitioners should approach the Division Bench where matters are lying pending for redressal of their grievances. The Single Bench of this Court cannot pass any order contrary to the orders/directions issued by the Division Bench. 6. With the aforesaid observations, 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/19