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2023 Supreme(Raj) 859

PUSHPENDRA SINGH BHATI
Gram Panchayat, Rajmathai – Appellant
Versus
State Of Rajasthan, Through Tehsildar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. C.S. Kotwani
For the Respondent: Mr. R.D. Bhadu, Dy. G.C., Mr. R.S. Choudhary, Mr. Om Prakash, Sub Division Officer, Bhaniyana, Jaisalmer

JUDGMENT :

1. This writ petition under Articles 226 & 227 of the Constitution of India has been preferred claiming the following reliefs:

    “It is therefore, most respectfully and humbly prayed that the instant writ petition may kindly be ordered to be allowed and a writ, order or direction in the appropriate nature may kindly be issued in favour of the humble petitioner; and

i) The impugned order 10.01.2023 (Annex.10) may kindly be ordered to be quashed and set aside.

ii) The application so preferred by private respondents herein may kindly be ordered to be rejected with cost throughout.

Any other order of direction, which this Hon’ble Court deems fit and proper in the facts and circumstances of the present case may kindly be passed in favour of the humble petitioner.”

2. As the pleaded facts would reveal, a land (admeasuring 4 Bighas) comprising Khasra No.2698/1253 at revenue Village Rajmathai was being utilized for the purpose of Abadi, Panchayat Bhawan, Rajiv Gandhi Kendra, Patwar Bhawan etc., and adjacent to the said land, there was an Agore land comprising Khasra No. 2699/1253. A resolution was taken by the petitioner-Gram Panchayat to get the land set-apart for the purpose of Gair

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