NARESH PRABHAKAR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-10-35
HIGH COURT OF RAJASTHAN
Decided on October 17,2013

Naresh Prabhakar Appellant
VERSUS
STATE OF RAJASTHAN Respondents

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.;


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