HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 1800/2022

Rameshwar Das S/o Bhuradas, Aged About 70 Years, R/o

Ghassipura, Tehsil Khandela, District Sikar.

----Petitioner

Versus

1.

The State Of Rajasthan, Through District Collector, Sikar.

2.

Sub Divisional Officer Khandela, District Sikar.

3.

Tehsildar, Khandela, District Sikar.

4.

Gopal S/o Chothudas,

5.

Prakash S/o Chothudas,

6.

Jagdish S/o Chothudas,

7.

Kalla S/o Kandas,

8.

Pala S/o Kandas,

9.

Arjun S/o Kandas,

All R/o Village Ghassipura, Tehsil Khandela District Sikar.

----Respondents

For Petitioner(s)

:

Mr. Anil Kumar Sharma

For Respondent(s)

:

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

12/07/2022

This writ petition has been filed with a prayer that the

respondents may be directed to seize the illegal bore well situated

in land bearing khasra no.147 village Ghassipura, Tehsil Khandela,

District Sikar which is sivai chak in nature with a further direction

for initiation of proceedings against the respondents no.4 to 9 for

using the water from the aforesaid bore well in illegal manner.

It is stated in the writ petition that the respondents no.4 to 9

have dug an illegal tube well in khasra no.147 which belongs to

(2 of 2)

[CW-1800/2022]

mandir mafi land as also sivai chak land. It is averred that in

response to his application under the Right to Information Act,

2005, the Tehsildar has conveyed him the report dated

27.07.2021 which states that no tube well exists in the land of

khasra no.147 which is factually incorrect as is reflected from the

photographs placed on record as Annexure-4.

Learned counsel for the petitioner, drawing attention of this

Court towards the photographs placed on record as Annexure-4,

canvassed that the report dated 27.07.2021 is factually incorrect

and as a matter of fact, there exists a tube well dug by the

respondents no.4 to 9 in the land of khasra no.147 which is sivai

chak land. He, therefore, prays that the writ petition be allowed,

the bore well be closed and suitable action be taken against the

respondents no.4 to 9.

Heard. Considered.

As per the report dated 27.07.2021 prepared by the

Tehsildar, Khandela in pursuance of direction of the Sub Divisional

Officer, Khandela, no bore well was found on the land of khasra

no.147. Merely, on the basis of some photographs placed on

record as Annexure-4, this Court is not persuaded to hold that the

report is factually incorrect. There is no material on record to

warrant a finding that there exists a tube well in the land of

khasra no.147 and such a finding of fact cannot be recorded by

this Court in its writ jurisdiction.

Accordingly, this writ petition is dismissed. The petitioner is

at liberty to avail the appropriate remedy available under the law.

(MAHENDAR KUMAR GOYAL),J

MADAN/60