HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 17121/2022

Dharm Das S/o Jagdish Das, Aged About 32 Years, By Caste

Swami, Resident Of Village Changoi, Gram Panchayat Mikhala,

Tehsil Taranagar, District Churu.

----Petitioner

Versus

1.

State Of Rajasthan, Through Secretary, Department Of

Revenue, Government Of Rajasthan, Jaipur.

2.

The District Collector (Land Record), Churu.

3.

The Sub Divisional Officer, Taranagar, District Churu.

4.

The Tehsildar (Land Record), Taranagar, Churu.

5.

The Sarpanch, Gram Panchayat Mikhala, Panchayat

Samiti Taranagar, District Churu.

----Respondents

For Petitioner(s)

:

Mr. Awar Dan Ujjwal.

For Respondent(s)

:

Mr. Moti Singh.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

17/11/2022

Heard learned counsel for the petitioner.

The present writ petition has been filed with the following

prayers:-

“It is, therefore, prayed that this writ petition

may kindly be allowed and by an appropriate writ,

order or direction:-

(i) That the notice dated 19.09.2022 (Annexure-1)

may kindly be quashed and set aside.

(ii) That the respondents may kindly be restrained to

remove the house and possession of the petitioner

upon the plot in question of Khasra No.1119/264

(2 of 3)

[CW-17121/2022]

Village Changoi, Gram Panchayat Mikhala, Tehsil

Taranagar, District Churu.

Learned counsel for the petitioner submits that in pursuance

of the notice issued on 19.09.2022, the respondent authorities are

proceeding against the petitioner in a hot-haste manner without

considering the reply filed by him. Learned counsel for the

petitioner further submits that the concerned authorities may be

directed to act in accordance with the provisions of law.

This Court has considered the submissions made at the Bar

and has also gone through the pleadings made in the petition.

The respondent authorities have issued a notice under

Section 91 of the Rajasthan Land Revenue Act, 1956 dated

19.09.2022 and Section 22 of the Colonization Act, 1954, the

petitioner has filed reply to the said notice and the matter is

pending consideration before the concerned Authority. There is no

occasion for this Court to assume that the authorities concerned

will not act in accordance with law. The contentions of the learned

counsel for the petitioner that the authorities are proceedings in

hot-haste manner is also not reflected from the papers placed

before this Court. However, in the interest of justice, the

respondent authorities are directed to proceed in the matter in

accordance with law and any action taken by them must be in-

conformity with law and in due compliance of the principles of

natural justice.

The respondent authorities shall pass the order in the

proceedings pending before it strictly in accordance with law.

Till the final decision is taken by the concerned Authority, the

petitioner shall not be dispossessed from the subject piece of land.

(3 of 3)

[CW-17121/2022]

The writ petitions is disposed of in the above terms. All

pending applications also stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

230-/Jitender//-