HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 1483/2021

1.

Laxman Singh S/o Badan Singh, Aged About 73 Years, By

Caste Rajput R/o Village Mithadi, Tehsil Nawa, District

Nagaur (Raj.)

2.

Daulat Singh S/o Bajrang Singh, Aged About 50 Years, By

Caste Rajput R/o Village Mithadi, Tehsil Nawa, District

Nagaur (Raj.)

3.

Kailash Chandra Sharma S/o Aasha Ram Sharma, Aged

About 40 Years, By Caste Brahmin R/o Village Mithadi,

Tehsil Nawa, District Nagaur (Raj.)

4.

Devi Singh S/o Top Singh, Aged About 65 Years, By Caste

Rajput R/o Village Mithadi, Tehsil Nawa, District Nagaur

(Raj.)

5.

Nand Kishore S/o Shri Surajkaran Khatik, Aged About 35

Years, R/o Village Mithadi, Tehsil Nawa, District Nagaur

(Raj.)

6.

Rameshwar Lal Kumawat S/o Ladu Ram Kumawat, Aged

About 40 Years, By Caste Kumawat R/o Village Mithadi,

Tehsil Nawa, District Nagaur (Raj.)

----Petitioners

Versus

1.

State Of Rajasthan, Through Secretary, Department Of

Revenue, Govt. Of Rajasthan, Secretariat, Jaipur

2.

District Collector, Nagaur.

3.

Sub Divisional Magistrate, Nawa, Nagaur

4.

Tehsildar, Nawa, Distt. Nagaur

5.

Gram Panchayat, Mithadi, Tehsil Nawa, Distt. Nagaur

Through Sarpanch Kela Devi D/o Rameshwar Lal, Aged 35

Years R/o Gram Panchayat Mithadi, Tehsil Nawa, Distt.

Nagaur

6.

Virendra Singh S/o Vijay Singh, Aged About 55 Years, By

Caste Rajput, Up Sarpanch Mithadi, Tehsil Nawa Distt.

Nagaur

7.

Lokendra Singh S/o Virendra Singh, Aged About 35 Years,

By Caste Rajput, Mithadi, Tehsil Nawa, Distt. Nagaur

8.

Gajanandpuri S/o Hanumanpuri, Aged About 39 Years,

R/o Village Mithadi, Tehsil Nawa, Distt. Nagaur

(2 of 3)

[CW-1483/2021]

----Respondents

For Petitioner(s)

:

Mr. Sampat Prajapat.

Mr. Jupitar Malya.

For Respondent(s)

:

Mr. Manish Vyas, AAG

Mr. OP Mehta.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

28/10/2021

In this petition, the petitioner has prayed for direction to the

State authorities to remove the alleged encroachments in land

falling in Khasra No. 8, 101, 899, 900, 903, 904, 971, 972, 1302,

1303 in village Mithadi, Tehsil Nawa, District Nagaur.

Learned Additional Advocate General appearing for the State

authorities stated that to the extent encroachments are found on

the said land, the same have been substantially removed and for

the rest, the process is going on.

Learned counsel for the applicants seeking impleadment,

submitted that the said applicants are occupying their lands in

question legally and validly and the lands so occupied by them, do

not form part of ‘Mandir Mafi’ land. Along with the application for

impleadment, they have also produced certain orders passed by

the Revenue Authorities and Revenue Courts in support of this

contention. Counsel further stated that against the last order

dated 28.11.2016 passed by the SDO, Nava, the petitioner has

recently filed appeal.

In view of the facts noted above, in the present public

interest litigation, no further order is required to be passed. If

there are occupants on the lands mentioned by the petitioner who

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[CW-1483/2021]

claimed their right through orders passed by the competent

Courts, they cannot be treated as encroachers.

Without expressing any opinion on the appeal filed by the

petitioners, at this stage atleast, no direction for eviction can be

passed.

In the result, the petition is disposed of.

(SANDEEP MEHTA),J

(AKIL KURESHI),CJ

31-jayesh/-