HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 495/2021

1.

Sikandar Khan S/o Shri Ishpak Khan, Aged About

36 Years, By Caste- Muslim, R/o Kayamkhani Bas,

Ward No. 8, Bhadra Hanumangarh, Rajasthan.

2.

Sukhdev Singh S/o Achalsingh, Aged About 50

Years, R/o 2Ggm Gogamedi, Tehsil- Nohar, District-

Hanumangarh, Rajasthan.

3.

Sharif Khan S/o Fate Mohammed, Aged About 38

Years, R/o Ward No. 1 Bhiari Pura Bass, Bhadra,

District- Hanumangarh, Rajasthan.

4.

Mangu Singh S/o Mal Singh, Aged About 42 Years,

R/o 32 Ggm, Gogamedi, Dist- Hanumangarh,

Rajasthan.

5.

Aslam S/o Yasin, Aged About 37 Years, R/o Ward

No. 10 Nethrana, 6Ntr, Dist Hanumangarh.

6.

Rimajan Khan S/o Fate Mohammed, Aged About 41

Years, R/o 273 K Ward No. 1 Bihari Pura Bass,

Bhadra District Hanumangarh, Rajasthan.

7.

Ajit Kumar S/o Mahendra Singh, Aged About 24

Years, R/o Ward No. 2 Kalana Tehsil Bhada, District

Hanumangarh, Rajasthan.

8.

Rohtash Kumar S/o Bajrang Lal, Aged About 29

Years, R/o Ward No. 7, 12 Dpn District

Hanumangarh, Rajasthan.

9.

Kur Singh S/o Devsi Singh, Aged About 53 Years,

R/o Ward No. 6, 5 Ggm, Dhani Gogamedi, Tehsil

Nohar, Dist- Hanumangarh, Rajasthan.

10.

Mohammed Islam S/o Mo. Sakurae, Aged About 31

Years, R/o Ward No. 25 Kutiya Road Bhadra, District

Hanumangarh, Rajasthan.

----Petitioners

Versus

1.

The State Of Rajasthan, Through Chief

Administrative Secretary, Devsthan Department,

Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2.

The Assistant Commissioner, Devsthan Vibhag,

Hanumangarh.

(2 of 4)

[CW-495/2021]

3.

The Manager, Devsthan Vibhag, Gogamedi,

Hanumangarh, Rajasthan.

4.

The Sub-Divisional Magistrate, Nohar, District-

Hanumangarh, Rajasthan.

----Respondents

For Petitioner(s)

:

Mr. Vinod Kumar Sihag

(through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

08/01/2021

This writ petition has been filed on behalf of the

petitioners being aggrieved with the order dated

26.11.2020 passed by the Commissioner, Devasthan,

Rajasthan, Udaipur whereby the allotment of the shops to

the petitioners and other shopkeepers in the mela

compound of Gogaji Gogamedi has been extended upto

31.12.2020. The petitioners have also prayed that the

respondents may be restrained from starting new allotment

process of the shop in the said mela compound and to give

them extra time to vacate the shops and the rent for the

period of three months may kindly be returned to the

petitioners.

Brief facts of the case are that the petitioners and

other shopkeepers were allotted land to establish shops for

a period of eleven months in the mela compound of the

Gogaji Gogamedi by the respondent- Devasthan

Department through auction proceedings. After the expiry

of eleven months, the Devsthan Department has issued

notices to the petitioners and other similarly situated

(3 of 4)

[CW-495/2021]

shopkeepers for vacating the premises allotted to them.

Some of the shopkeepers have approached this Court by

way of writ petition No.10682/2020 and this Court has

disposed of the said writ petition vide order dated

21.10.2020. The operative portion of the order dated

21.10.2020 reads as under:

“Having heard learned counsel for the petitioners

and after going through the material available on

record, this Court is of the opinion that the

respondents are required to consider the request of

the petitioners either to refund their deposited amount

or to allow them to continue their business for quite

more months because it is an admitted position that

on account of lock-down period in the entire country

and due to ongoing pandemic situation, the business

of the petitioners is seriously affected.

In such circumstances, this writ petition is

disposed of with a direction to the competent

authority of the Devasthan Department to consid