KHUSHI RESIDENCY VIKAS SAMITI v. THE STATE OF RAJASTHAN
CW/12760/2025 · 2025-08-25
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42072 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42072 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:33674] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.12760/2025 Khushi Residency Vikas Samiti, Jaipur (A Society Registered Under Rajasthan Societies Registration Act, 1958 (Rajasthan Act No. 28, 1958) Registration No. Coop/2022/jaipur/203/992 Through Its Chairman/ President Narendra Sharma S/o Amardevdas Sharma, Aged About 47 Years, Presently Residing At Plot No. A-65, Vidyut Nagar-A, Ajmer Road, Jaipur- 302021. ----Petitioner 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 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 petitioner has been called upon to remove their encroachment from the subject land.
[2025:RJ-JP:33674] (2 of 2) [CW-12760/2025]
2.
Learned counsel for the petitioner submits that the petitioner is 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 petitioner 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 petitioner 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.
5. In the considered opinion of this Court, the petitioner 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/287