HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B.Civil Writ Petition No. 1712 / 2017

Roshni @ Sunita D/o. Shri Kamraj, by Caste Christian, Aged About

42 Years, Rawat Bhata Road, Opposite Office of Tilam Sangh, Near

Hanuman Mandir, Kota (Raj.)

----Petitioner

Versus

1. State of Rajasthan through Secretary, Department of Urban

Development Housing, Secretariat, Jaipur (Raj.)

2. Chairman, Urban Improvement Trust (UIT), Kota (Raj.)

3. Secretary, Urban Improvement Trust (UIT), Kota (Raj.)

----Respondents

_____________________________________________________

For Petitioner(s) : Shri Govind Choudhary

For Respondent(s) :

_____________________________________________________

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

Order

08/02/2017

Contention of learned counsel for the petitioner is that

petitioner is having her house on the disputed land, situated at

Tilam Sangh, Near Hanuman Mandir, Kota for the last 30 years.

She has the entire documents such as voter I.D., aadhar card,

bank passbook, gas connection etc. on the above house address.

However, the UIT and its officials are regularly interfering with the

possession of the petitioner inasmuch they have demolished the

boundary wall of her house. Petitioner apprehends that her house

may be demolished. Petitioner is a very poor lady. She therefore

requested way back on 19.8.1995 to UIT to consider her case

sympathetically and if at all she is required to be shifted, she

should be rehabilitated on any other land. The employees of the

(2 of 2)

[CW-1712/2017]

UIT recently visited the house of the petitioner and threatened her

to vacate the house or else, she may be possibly evicted. The

employees of the UIT are continuously torturing the petitioner.

Petitioner served a legal notice on respondents on 21.4.2014 that

without acquiring her land, the respondents cannot dispossess her.

However, when the notice was served on the respondents, they

after receiving the aforesaid notice, demolished the part of the

house of the petitioner.

Having regard to the facts aforesaid, instead of directly

entertaining the writ petition, petitioner is required to approach

Secretary, UIT, Kota with all the documents showing that she has

been having possession over the land in dispute for last more than

30 years, who shall take a final decision on the representation of

the petitioner for either acquiring the land and rehabilitation of

petitioner or otherwise by a reasoned speaking order within two

months from the date of production of copy of this order.

The writ petition is disposed off.

(MOHAMMAD RAFIQ)J.

RS/42