HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 4563/2021

Kailash Meena Son Of Shri Ramnarayan Meena, Aged About 45

Years, Resident Of Ramgarh Pachwara, District Dausa (Raj.)

----Petitioner

Versus

1.

State Of Rajasthan, Through Commissioner, Devasthan

Vibhag, Jaipur.

2.

State Of Rajasthan, Through Chief Secretary, Secretariat,

Jaipur.

3.

District Collector, Dausa (Raj.)

4.

Sub Divisional Officer, Ramgarh Pachwara, District Dausa

(Raj.).

5.

Tehsildar, Ramgarh Pachwara, District Dausa (Raj.).

6.

Jagdish Son Of Shri Kajod, Resident Of Ramgarh

Pachwara, District Dausa (Raj.).

7.

Dayachand Meena Son Of Shri Moolchand Meena,

Resident Of Gram Ramgarh Pachwara,tehsil Ramgarh

Pachwara, District Dausa (Raj.).

8.

Nawal Sharma Son Of Shri Ghanshyam Sharma, Resident

Of Gram Ramgarh Pachwara,tehsil Ramgarh Pachwara,

District Dausa (Raj.).

----Respondents

For Petitioner(s)

:

Mr. Anshuman Saxena

For Respondent(s)

:

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

22/04/2021

The petitioner by way of this writ petition has prayed as

under:-

“i) By issuing an appropriate writ, order or

direction thereof thereby the respondents No.1 to 5

(2 of 2)

[CW-4563/2021]

may kindly be directed to remove the encroachment

upon the land of mandir mafi.

ii) By issuing an appropriate writ, order or

direction thereof thereby the respondents No.1 to 5

may kindly be directed to include the name of

Thakurji Temple as per the previous jamabandis in

the subsequent jamabandis.

iii) By issuing an appropriate writ, order or

direction thereof thereby the respondents No.1 to 5

may kindly be directed to cancel sale deeds dated

13.10.2020 executed by Jagdish to Dayachand and

Nawal Kishore;

iv) By issuing an appropriate writ, order or

direction thereof thereby the respondents No.1 to 5

may kindly be directed to register the cases against

the encroachers who have forcefully encroached the

land of mandir mafi.

v) Any other appropriate order or direction

which this Hon’ble Court deems fit and proper may

kindly be passed in favour of the petitioner.

vi) Cost of the writ petition may also be awarded

to the petitioner.”

The question regarding land being “Mandir Mafi” and that

there is an encroachment on the said land, are question of facts

which are required to be examined by the appropriate Revenue

Courts. The writ for such purposes would not lie as question of

facts cannot be examined nor evidence can be led in writ

jurisdiction.

The writ petition is accordingly dismissed.

(SANJEEV PRAKASH SHARMA),J

NITIN/20