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2021 DIGILAW 1297 (RAJ)

Vikash Choudhary v. State of Rajasthan

2021-08-03

INDRAJIT MAHANTY, VINIT KUMAR MATHUR

body2021
JUDGMENT The present writ petition has been filed seeking following reliefs:- "It is, therefore, humbly prayed on behalf of the petitioner that this writ petition for Public Interest Litigation may kindly be allowed and That by an appropriate writ, order and direction be issued and the District Collector, Hanumangarh may kindly be directed to delete the names of the respondents No.5 to 10 from the Jamabandi of Murabba No.5, Killa No.6, 7, 14, 15, 16 & 17 of Village Chak 8 Barani, Bhadra and the land may kindly be restored in the name of Temple Shri Thakurji as the entry of settlement. That the judgment and decree dated 18.02.2013 passed by learned Assistant Collector, Cum Sub Division Officer, Bhadra in Case No.210/2010 Ram Kumar V/s State may kindly be declared illegal as well as null and void and it is further directed that the Decree dated 18.02.2013 have no effect against the right of Temple Shri Thakurji, further directed that the respondent No.5 to 10 have no right upon the land of Temple Shri Thakurji. That by an appropriate writ, order and direction the order dated 01.05.2018 passed by Municipal Board, Bhadra with regard to convert the land for non agricultural purpose may kindly be quashed and set aside. That by an appropriate writ, order or direction be issued and a strict action may kindly be taken against the Tehsildar, Bhadra who failed to conduct the obligatory duty and worked under the influence of respondents. That by an appropriate writ, order and direction be issued and the respondent may kindly be directed that they peacefully left the possession from the land in question and further restrain to not change any structure of the land. That any other relief, which this Hon'ble court deems fit, by which the petitioner may get full justice may also be allowed". Learned counsel for the respondents-State has filed reply to the writ petition and has submitted before this Court that order dated 18.02.2013 (Annexure-5) passed by Additional Collector, Bhadra has been challenged in appeal preferred before the Revenue Appellate Authority, Camp Nohar and the same is pending consideration till date. This Court after hearing counsel for the petitioner had passed the following order on 17.10.2019:- "Issue notice to the respondents. Issue notice of the stay application also. Rule is made returnable within four weeks. This Court after hearing counsel for the petitioner had passed the following order on 17.10.2019:- "Issue notice to the respondents. Issue notice of the stay application also. Rule is made returnable within four weeks. Notices may be given 'dasti' to the learned counsel for the petitioner for service upon the respondents. In the meanwhile and until further orders, the status quo as it exists today shall be maintained with respect to the land covered by the decree dated 18.02.2013 passed by the Assistant Collector, Bhadra in Revenue Suit No.210/2010". Ms. Rekha Borana, learned Additional Advocate General submitted that the petitioner has suppressed facts from this Court and in fact has asserted that the State went unrepresented before the Court of learned Assistant Collector which he submits was not a fact and she further asserts that based on such submissions made by the petitioner in his application probably form the basis of passing of the interim order. Learned counsel for the private respondents also submits that the assertions made by the petitioner regarding the nature of the rights held by the private respondents who are alleged to be non-cultivators are false and incorrect. Having considered the submissions made at the Bar, we are of the view that the purpose of the petition will be served if the interim order granted by this Court on 17.10.2019 is made absolute till the appeal is pending before the Revenue Appellate Authority is decided. Ordered accordingly. The petitioner is granted liberty to seek intervention in the pending appeal filed by the State. We also make it clear that all the respective parties including the petitioner shall appear before the Revenue Appellate Authority and submit their stand. The Revenue Appellate Authority shall give an opportunity of hearing to all the parties and decide the same as expeditiously as possible strictly in accordance with law. It is made clear that the aforesaid averments are recorded merely for the purpose of disposing of the writ petition while leaving it open to the parties to raise such contentions regarding the merits of the case before the Appellate Authority and the Appellate Authority shall not, in any manner, be influenced by the observations made by this Court and arrive at conclusions strictly in accordance with law.