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2025 DAILYLAW 8349 (RAJ)

SHIVCHARAN S/O SHRI PITRAM v. STATE OF RAJASTHAN

CW/2839/2025 · 2025-02-24

Sudesh Bansal

body2025

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[2025:RJ-JP:8129] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2839/2025 1. Shivcharan S/o Shri Pitram, Aged About 60 Years, R/o Plot No -68, Kanak Vihar, Village Rajarampura, Tehsil- Rampuradabdi, District- Jaipur (Raj.) 2. Mahendra Singh S/o Shri Nahar Singh, Aged About 45 Years, R/o 2 Karni Colony Road No. 70, VKI, Jaipur (Raj.) Presently Residing At Plot No. 19, Kanak Vihar, Village Rajarampura, Tehsil- Rampuradabdi, District- Jaipur (Raj.) 3. Sanjana Bai W/o Shri Bhupendra Singh, Aged About 33 Years, R/o Bamanwas, Batoda, Sawai Madhopur, Presently Residing At Plot No. 33, Kanak Vihar, Village Rajarampura, Tehsil- Rampuradabdi, District- Jaipur (Raj.) 4. Ramli Devi W/o Rameshwar Parewa, Aged About 68 Years, Presently Resides At Plot No 52, Kanak Vihar, Village Rajarampura, Tehsil- Rampuradabdi, District- Jaipur (Raj.) 5. Rameshwar Parewa S/o Lalluram Parewa, Aged About 75 Years, Presently Resides At Plot No 52, Kanak Vihar, Village Rajarampura, Tehsil- Rampuradabdi, District- Jaipur (Raj.) 6. Dharmveer Singh S/o Shri Mahinder Singh, Aged About 40 Years, R/o 60 Plot No 52, Kanak Vihar, Village Rajarampura, Tehsil- Rampuradabdi, District- Jaipur (Raj.) 7. Surendra Singh S/o Shri Nahar Singh, Aged About 47 Years, R/o Plot No. 31, Kanak Vihar, Village Rajarampura, Tehsil- Rampuradabdi, District- Jaipur (Raj.) 8. Kanchan Devi W/o Late Shri Ugamanath, Aged About 53 Years, R/o Plot No. 16, Kanak Vihar, Village Rajarampura, Tehsil- Rampuradabdi, District- Jaipur (Raj.) 9. Santosh Singh Yadav S/o Shri Baban Singh Yadav, Aged About 40 Years, Plot No. 10, Kanak Vihar, Village Rajarampura, Tehsil- Rampuradabdi, District- Jaipur (Raj.) ----Petitioners Versus 1. State Of Rajasthan, Through Chief Secretary, Govt. Of Rajasthan, Secretariat, Jaipur. 2. Secretary, Revenue Department, Govt. Of Rajasthan, [2025:RJ-JP:8129] (2 of 3) [CW-2839/2025] Secretariat, Jaipur 3. District Collector, Jaipur, Collectorate, Madho Singh Road, Bani Park, Jaipur. 4. Sub Divisional Officer, Amer, District Jaipur 5. Tehsildar, Tehsil- Rampura Dabdi, District - Jaipur 6. Nayab Tehsildar, Rampura Dabadi, District - Jaipur ----Respondents For Petitioner(s) : Mr. Manish K. Sharma For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 24/02/2025 1. As many as nine petitioners have filed this joint writ petition invoking jurisdiction of this Court under Article 226 of the Constitution of India, against the order dated 06.02.2025 passed by the Tehsildar Rampura Dabdi, District Jaipur whereby and whereunder a committee has been constituted to identify the lands of temple Murti Thakur Shri Kalyan Ji, if any encroachment is found thereupon to remove the same. 2. Counsel for petitioners submits that petitioners are having their established possession over the lands in question since long and same do not belong to the temple, rather they have their legal and vested right to retain the possession, hence, their grievance is that in the garb of order dated 06.02.2025, their established possession may be removed by the Tehsilar. 3. This Court is of the considered opinion that the issues raised by the petitioners in the instant writ petition are intricate question of facts, which require evidence and this Court, in exercise of its [2025:RJ-JP:8129] (3 of 3) [CW-2839/2025] writ jurisdiction is not supposed to enter into the disputed question of facts. The remedy for the petitioners to establish their legal and vested right in the land in question by virtue of their established possession, if that is so lies either before the Civil Court or Revenue Court, as per legal advice advanced to them. 4. At this stage, it cannot be said that the order impugned passed by the Tehsildar is without jurisdiction. 5. Otherwise also, the order dated 06.02.2025 passed by the Tehsildar is appealable before of the Collector by virtue of Section 75 of the Rajasthan Land Revenue Act, 1956. 6. In view of above, this Court is not inclined to entertain the instant writ petition, however, relegates the petitioners to avail the alternative remedy available in law. 7. Accordingly, instant petition stands disposed of. 8. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /3