ST. MARYS HIGHER SECONDARY SCHOOL EDUCATIONAL SOCIETY v. STATE OF RAJASTHAN
CW/3042/2025 · 2025-03-18
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9038 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9038 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:12020] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3042/2025 St. Mary's Higher Secondary School Educational Society, Resi- dent Of Suket Road, Near Mariam Hospital, Ramganjmandi, Dis- trict Kota - 326 519 (Rajasthan) Through Authorized Signatory Principal, Kiran Prava Jojo ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Depart- ment Of Revenue, Govt. Secretariat, Rajasthan, Jaipur Rajasthan
2. District Collector, Kota, Rajasthan
3. Tehsildar, Ramganjmandi, District Kota, Rajasthan ----Respondents For Petitioner(s) : Mr. Dhirendra Pratap Singh Rathore Mr. Bharat Raj Yogi For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL Order 18/03/2025
1. Instant civil writ petition, purportedly under Article 226/227 of the Constitution of India, has been filed by the petitioner ques- tioning the show cause notice dated 24.12.2024 issued by the Tehsildar, Ramganjmandi, District Kota, so also the eviction order dated 07.01.2025 passed in pursuance thereof, in exercise of powers under Section 91 of the Rajasthan Land Revenue Act, 1956, issuing directions to remove encroachment of petitioner from the Government land bearing Khasra Nos.505 and 506 situ- ated at Village Hanuwatkhera, Tehsil Ramganjmandi, District Kota.
[2025:RJ-JP:12020] (2 of 2) [CW-3042/2025]
2. Counsel for petitioner, during course of arguments admits that petitioner has already preferred an appeal under Section 75 of the Rajasthan Land Revenue Act, 1956 before the Collector against the notice dated 24.12.2024, but appeal against the final eviction order dated 07.01.2025 has not been preferred.
3. Counsel for petitioner admits that final order dated 07.01.2025 (Annx.8) is appealable under Section 75 of the Ra- jasthan Land Revenue Act, 1956, before the District Collector, hence, he prays for withdrawal of this writ petition with liberty to file appeal before the District Collector.
4. Taking into consideration the fact that at present, annual ex- amination of students in petitioner-school is going on, hence, in case, petitioner prefers an appeal within a period of 30 days from today, the possession of petitioner shall not be disturbed up to a period of 30 days, however, the District Collector shall be at liberty to pass a fresh order on the appeal and stay application, in accor- dance with law, on merits without being influenced by the interim protection granted by this Court.
5. With aforesaid observations, instant writ petition stands dis- posed of as withdrawn but with liberty as prayed for.
6. Any other pending application(s), if any, stands disposed of.
(SUDESH BANSAL),J SOURAV /9