JUDGEMENT
-
(1.) HEARD learned counsel for the parties.
The present writ petition has been filed by the petitioner,
Naresh Prabhakar, Assistant Engineer -cum -Security Incharge , All
India Radio Station -Akashvani, Bikaner, purportedly, against the
action of the private respondents No.10, Dilip Singh Shekhawat and
Government officials particularly, police officials, private respondent
No.11, Indra Singh (R.I., Rajasthan Police, Bikaner), who are arrayed
as respondents in the present writ petition for preventing their efforts
to grab the land of the Akashvani, Bikaner.
(2.) THE petitioner has challenged the impugned order of the District Collector, Bikaner Annex.3 dated 19.11.2009 whereby the
learned District Collector, had constituted a committee of 8
Government officials, viz. S/Sh. J.S. Katara (Station Engineer, AIR,
Chittorgarh), S.K. Meena (Station Engineer, AIR Bikaner), Naresh
Prabhakar (petitioner and Assistant Engineer -cum -Security Incharge,
AIR, Bikaner), Y.P. Singh (Assistant Engineer, Office of Chief
Engineer, North zone, New Delhi), Ms. Rishi Bala Shrimali (Land
Settlement Officer, Bikaner), Molabus, (OSD, UIT, Bikaner), Sugreev
Singh (Dy. Town Planner, UIT, Bikaner) and Satish Chandra Jangid
(Additional Superintendent of Police (City), Bikaner for determining
the limits of the land owned and possessed by Akashvani, Bikaner
and rival claims of the private respondents.
Learned counsel for the parties also brought to the notice of the Court that with respect to same land dispute, two civil suits are
already pending in the court of learned Civil Judge (Jr. Division),
No.2, Bikaner, viz. Civil Suit No.110/09 - Naresh Kumar Vs.
Jhanwar Lal and others and another Civil Suit No.231/09 - Sweta
Kanwar W/o Dilip Singh Shekhawat (respondent No.10 herein)
and others Vs. State of Rajasthan and others. Both these suits are
pending adjudication before the court of Civil Judge (Jr. Division),
No.2, Bikaner.
Mr. D.S. Rajvi, learned counsel for the private respondent
No.10, Dilip Singh Shekhawat, urged that the respondent No.10 is the
registered owner of the land in question under a registered sale -deed
and he has already produced the copy of the register sale -deed
along -with reply on behalf of private respondents to the present
present writ petition.
(3.) AFTER hearing the learned counsel for the parties and on the face of impugned order Annex.19 dated 19.11.2009, which
appeared to be an innocuous order, constituting a Committee of 7
local revenue officials for determining the limits of the land owned and
possessed by Akashvani, Bikaner and the private respondent No.10
Dilip Singh Shekhawat, who according to the petitioner, in collusion
with police officials, namely, respondent No.11 -Indra Singh (working
as R.I., Rajasthan Police, Bikaner), is creating unnecessary hurdles
and nuisance in the peaceful possession of the Akashvani, Bikaner,
which is a Central Government Department.;