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2026 DAILYLAW 17119 (RAJ)

MAN SINGH SON OF LATE SHRI SURAJBHAN v. STATE OF RAJASTHAN

CW/2718/2026 · 2026-02-11

Anuroop Singhi

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:6406] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2718/2026 Man Singh Son Of Late Shri Surajbhan, Aged About 53 Years, Resident Of Dhani, Naya Kua, Bansur Tehsil Bansur District Kotputli Behror. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Local Self Department, Rajasthan, Jaipur. 2. The Municipal Board, Bansur, District Kotputli Behror Through Its Executive Officer. ----Respondents For Petitioner(s) : Mr. Mohit Tantia for Mr. Jai Raj Tantia HON'BLE MR. JUSTICE ANUROOP SINGHI Order 11/02/2026 1. Learned counsel for the petitioner, at the very outset, has relied upon the order dated 02.02.2026, passed by this Court in S.B. Civil Writ Petition No. 1913/2026 titled as Dhanmat Khan versus State of Rajasthan & Ors., wherein, the writ petition has been disposed of with the following directions: “i. Since, as a response to the impugned notice dated 19.01.2026, the petitioner has already submitted his reply dated 21.01.2026 alongwith the several title documents and no decision has been taken by the respondent on the same till date, the respondents are directed not to proceed further with any demolition in pursuance to the notice dated 19.01.2026; ii. In addition to the reply and documents already filed, the petitioner would be at liberty to submit his representation alongwith any additional relevant documents pertaining to his rights and title over the land in question before the respondent authorities within a period of ten days from the date of this order, i.e. 02.02.2026; [2026:RJ-JP:6406] (2 of 4) [CW-2718/2026] iii. The respondents shall consider and decide the representation of the petitioner alongwith the annexed documents within a period of thirty days from the date of this order, only after granting the petitioner due opportunity of hearing, strictly in accordance with law, by passing a reasoned and speaking order; iv. In the event, the respondents arrive at a decision that the petitioner has a valid title over the land on which the construction as mentioned in the order dated 19.01.2026 is raised, and the said land is required for widening of the road, it would be open for the respondents to acquire the same by following due process of law and awarding adequate compensation to the petitioner or in the alternative, by mutually negotiating the compensation for the same or by any other mutually agreed terms; v. In case the respondents arrive at a finding that no valid title exists in the favour of the petitioner over the said land on which the construction is so raised by the petitioner or that the said construction is contrary to law and the petitioner has has encroached upon the area as mentioned in the notice dated 19.01.2026, the respondents shall be at liberty to proceed further in accordance with law; vi. Any order passed by the respondents in pursuance of the directions contained herein, shall be duly served upon the petitioner, within a period of three days from the date of passing such order; vii. Any action in pursuance of the said decision by the respondents would be initiated only after a period of ten days from the date of receipt of service of the said decision/order upon the petitioner, enabling him to take appropriate legal remedies, if needed; viii. Needless to say that the directions issued herein are only to decide the reply/representation as submitted by the petitioner, strictly in accordance with law, and does not contemplate any decision to be taken in a particular manner.” 2. Learned counsel for the petitioner submits that as the case of the petitioner is similar to the one involved in the abovementioned writ petition, the present writ petition be disposed of in the same terms. [2026:RJ-JP:6406] (3 of 4) [CW-2718/2026] 3. Considering the submissions made and taking note of the order dated 02.02.2026, the present writ petition is disposed of with the following directions : i. Since, as a response to the impugned notice dated 16.01.2026, the petitioner has already submitted his reply dated 19.01.2026 alongwith the several title documents and no decision has been taken by the respondent on the same till date, the respondents are directed not to proceed further with any demolition in pursuance to the notice dated 16.01.2026; ii. In addition to the reply and documents already filed, the petitioner would be at liberty to submit his representation along with any additional relevant documents pertaining to his rights and title over the land in question before the respondent authorities within a period of ten days from the date of this order, i.e. 11.02.2026; iii. The respondents shall consider and decide the representation of the petitioner alongwith the annexed documents within a period of thirty days from the date of this order, only after granting the petitioner due opportunity of hearing, strictly in accordance with law, by passing a reasoned and speaking order; iv. In the event, the respondents arrive at a decision that the petitioner has a valid title over the land on which the construction as mentioned in the order dated 16.01.2026 is raised, and the said land is required for widening of the road, it would be open for the respondents to acquire the same by following due process of law and awarding adequate [2026:RJ-JP:6406] (4 of 4) [CW-2718/2026] compensation to the petitioner or in the alternative, by mutually negotiating the compensation for the same or by any other mutually agreed terms; v. In case the respondents arrive at a finding that no valid title exists in the favour of the petitioner over the said land on which the construction is so raised by the petitioner or that the said construction is contrary to law and the petitioner has encroached upon the area as mentioned in the notice dated 16.01.2026, the respondents shall be at liberty to proceed further in accordance with law; vi. Any order passed by the respondents in pursuance of the directions contained herein, shall be duly served upon the petitioner, within a period of three days from the date of passing such order; vii. Any action in pursuance of the said decision by the respondents would be initiated only after a period of ten days from the date of receipt of service of the said decision/order upon the petitioner, enabling him to take appropriate legal remedies, if needed; viii. Needless to say that the directions issued herein are only to decide the reply/representation as submitted by the petitioner, strictly in accordance with law, and does not contemplate any decision to be taken in a particular manner. 4. With the abovesaid directions the present writ petition is disposed of. 5. Pending application(s), if any, also stand disposed off. (ANUROOP SINGHI),J DIPESH CHAYAL /12