Laxman Singh Vs. State and ors

Laxman Singh vs State and ors

Type Court Judgment Court Rajasthan Jodhpur Decided Oct 27, 2014

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https://sooperkanoon.com/case/1166386

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Citation: sooperkanoon.com/1166386
Court: Rajasthan Jodhpur High Court
Decided On: Oct 27, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Laxman Singh

Respondent

State and ors

Excerpt

.....to another division, the competent authority will require a sanction of the board of revenue which is the highest administrative authority of the revenue department of the state government.4. the said transfer also appears to be made on account of pendency of some inquiry against the petitioner on the basis of complaint received from lokayukt as stated in the impugned order annexure-7 dated 02.10.2014.5. having heard the learned counsel for the petitioner and having perused the record and the other relevant documents placed on record of the casse, this court is of the opinion that instead of making any interference in the impugned order annexure-7 dated 02.10.2014 under article 226 of the constitution of india, it would be worthwhile for the petitioner to make a suitable and proper representation to the respondent no.3 - the commissioner, s.b. civil writ petition no.7167/2014. laxman singh vs. state & ors. .. final order dated 27.10.2014. 3/3 colonization, bikaner, who has passed the impugned order pointing out the relevant statutory provisions as cited before this court to the said authority. in case, such representation is filed by the petitioner within a period of 15 days from today, the said authority is expected in law to pass appropriate and speaking orders disposing of such representation, preferably after giving an opportunity of hearing to the petitioner, within a period of 15 days thereafter.6. accordingly and in view of the above, the writ petition is disposed of. a copy of this order be sent to the parties concerned forthwith. (dr. vineet kothari), j./mohan/ / 19 /

Full Judgment

S.B. CIVIL WRIT PETITION No.7167/2014. Laxman Singh Vs. State & Ors. .. Final Order dated 27.10.2014. 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER

:: S.B. CIVIL WRIT PETITION No.7167/2014. Laxman Singh Vs. State & Ors. .. Date of Order ::::

27. h October, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Varun Goyal, for the petitioner. <<>> BY THE COURT:

1. The petitioner has filed the present writ petition on 10.10.2014 with the following prayers:- “It is therefore prayed the above writ petition may be allowed and the order of the Colonization Commissioner, Bikaner dated 02.10.2014 vide Annexure-7 may be quashed and set aside. Any other appropriate order or direction which this Hon'ble Court deem fit just and proper may also be passed in favour of the petitioner.”

. S.B. CIVIL WRIT PETITION No.7167/2014. Laxman Singh Vs. State & Ors. .. Final Order dated 27.10.2014. 2/3 2. This writ petition has been filed by the petitioner, who is working as Patwari in the Revenue Department of the State Government being aggrieved by his transfer from Colonization Tehsil of Nachna-2 to Kolayat-3 in Charanwala-D by the orders of the Commissioner of the Colonization, Bikaner.

3. The learned counsel for the petitioner has assailed the impugned order Annexure-7 dated 02.10.2014 on the anvil of Rule 9 of the Rajasthan Land Revenue (Land Records) Act. 1957 quoted in the writ petition in para (c) of the ground of the writ petition which stipulates that for transfer of a Patwari from one Division to another Division, the competent authority will require a sanction of the Board of Revenue which is the highest administrative authority of the Revenue Department of the State Government.

4. The said transfer also appears to be made on account of pendency of some inquiry against the petitioner on the basis of complaint received from Lokayukt as stated in the impugned order Annexure-7 dated 02.10.2014.

5. Having heard the learned counsel for the petitioner and having perused the record and the other relevant documents placed on record of the casse, this Court is of the opinion that instead of making any interference in the impugned order Annexure-7 dated 02.10.2014 under Article 226 of the Constitution of India, it would be worthwhile for the petitioner to make a suitable and proper representation to the Respondent No.3 - The Commissioner, S.B. CIVIL WRIT PETITION No.7167/2014. Laxman Singh Vs. State & Ors. .. Final Order dated 27.10.2014. 3/3 Colonization, Bikaner, who has passed the impugned order pointing out the relevant statutory provisions as cited before this Court to the said authority. In case, such representation is filed by the petitioner within a period of 15 days from today, the said authority is expected in law to pass appropriate and speaking orders disposing of such representation, preferably after giving an opportunity of hearing to the petitioner, within a period of 15 days thereafter.

6. Accordingly and in view of the above, the writ petition is disposed of. A copy of this order be sent to the parties concerned forthwith. (Dr. VINEET KOTHARI), J.

/Mohan/ / 19 /

Same Court & Year Rajasthan Jodhpur · 2014 Same Parties Laxman Singh vs State and ors Same Subject Land Acquisition