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2025 DAILYLAW 7539 (RAJ)

HANSRAJ S/O SHRI KISHANDAS v. STATE OF RAJASTHAN

CW/5008/2025 · 2025-04-21

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:16689] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5008/2025 Hansraj S/o Shri Kishandas, Aged About 48 Years, R/o Neta Ji Ki Dhani, Tehsil And District Jhunjhunu ----Petitioner Versus 1. State Of Rajasthan, Through Tehsildar, Jhunjhunu, Rajasthan 2. Sub Divisional Officer, Jhunjhunu ----Respondents For Petitioner(s) : Mr. Mohit Khandelwal with Mr. Aditya Gupta Mr. Poonav Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/04/2025 Learned counsel for the petitioner submits that an application was submitted by the petitioner before the concerned Tehsildar, Jhunjhunu for initiation of proceedings under Section 177 of Rajasthan Tenancy Act, 1955 to evict khatedar tenant as they are launching residential/plotting scheme on the land. He submits that agricultural land cannot be used by the khatedar tenant for any other purpose other than agricultural purpose. Thereafter, Tehsildar filed an application in the court of Sub- Divisional Officer, Jhunjhunu under Section 177 of Rajasthan Tenancy Act, 1955 and prayed that Khatedar Tenant be evicted from the land in question and the said land be entered in the name of Government. Counsel submits that the said application was submitted in the court of Sub-Divisional Officer in the month [2025:RJ-JP:16689] (2 of 2) [CW-5008/2025] of February’2024 but till date no order has been passed. He submits that petitioner has also moved an application for impleadment under Order 1 Rule 10 CPC but till date said application has also not been decided. In these circumstances, learned Sub-Divisional Officer may be directed to decide the proceedings expeditiously. In view of above submissions, I am of the view that learned Sub-Divisional Officer is required to decide the application filed by the petitioner under Order 1 Rule 10 CPC expeditiously. Petitioner is directed to file an appropriate application before the learned Sub-Divisional Officer for expeditious disposal of pending application. If any such application is filed by the petitioner along with certified copy of this order before the Sub-Divisional Officer within a period of two weeks from today, learned Sub-Divisional Officer, Jhunjhunu is directed to decide the application filed by the petitioner for impleadment within a period of one month from the date of receipt of certified copy of this order. With the aforesaid directions, this civil writ petition stands disposed of. Pending application(s), if any, also stands disposed of. (ANIL KUMAR UPMAN),J GAUTAM JAIN /75