HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 4503/2021

Ramchandra S/o Shri Mangi Lal, Aged About 41 Years, R/o Ward

No.8, Dhandhusar, Tehsil Rawatsar, District Hanumangarh

(Rajasthan).

----Petitioner

Versus

1.

State Of Rajasthan, Through Secretary, Revenue

Department, Jaipur.

2.

District Collector, Hanumangarh.

3.

Tehsildar (Revenue), Rawatsar, District-Hanumangarh.

4.

Development Officer, Panchayat Samiti, Rawatsar, District

Hanumangarh.

5.

Sarpanch, Gram Panchayat Village Dhandhusar, Tehsil

Rawatsar, District Hanumangarh.

----Respondents

For Petitioner(s)

:

Mr. Vishal Singhal

For Respondent(s)

:

Ms. Rekha Borana, AAG with

Mr. Saransh Vij

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

16/03/2021

In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.

The present writ petition has been preferred against the

removal of petitioner from ‘Gochar’ land.

Counsel for the petitioner fairly informs this Court that the

issue is also being adjudicated by Hon’ble Division Bench of this

Court in D.B.C.W. No.18443/2018 (Satpal & Ors. Vs. State & Ors.)

Counsel for the petitioner submits that there are various

grave irregularities on the part of State while pursuing the process

(2 of 2)

[CW-4503/2021]

of removal of encroachment and due process of law has not been

adhered. Counsel for the petitioner further submits that not only

due process of law has not been adhered to but the respondents

are in a hurried manner are trying to remove the petitioners from

their possession, which can be explained by them on merits.

This Court on seeing prayer and issue raised by the

petitioners in the present writ petition is of the view that since the

dispute of removal of encroachment on subject land is already

been adjudicated by Hon’ble Division Bench of this Court in

D.B.C.W. No.18443/2018 (Satpal & Ors. Vs. State & Ors.),

therefore, it would not be appropriate for this Court to make any

intervention at this stage, however, in the interest of justice as

well as to maintain judicial discipline the present writ petition is

disposed of with liberty to the petitioner to take up his cause

before Hon’ble Division Bench, which is already adjudicating the

issue in-question.

It is needless to say that all rights of the petitioner shall be

subject to final outcome of adjudication in the matter of Satpal

(supra).

(DR.PUSHPENDRA SINGH BHATI),J.

168-Nirmala/Sanjay/-