State Cannot Deny Change Of Land Records In Favour Of Allottee Who Deposited Full Amount Merely Because Govt Official Embezzled Money: Rajasthan HC
1 day, 22 hours ago

State Cannot Deny Change Of Land Records In Favour Of Allottee Who Deposited Full Amount Merely Because Govt Official Embezzled Money: Rajasthan HC

Live Law  

Rajasthan High Court allowed the petition filed by an individual who was allotted a land by the State in 2018 for which he had deposited full amount. However, since that amount was embezzled by the concerned State officer of the department, the name of the petitioner was still not entered into the revenue records in relation to that land. The bench of Justice Vinit Kumar Mathur opined that since it was an admitted fact by the State that the land was allotted to the petitioner for which he had also deposited full amount, there was no reason for not entering his name in the revenue records on grounds of embezzlement by State's official. “If the amount deposited by the petitioner has been embezzled by some government official concerned then appropriate action against the erring official can be taken by the respondents but on that pretext, the petitioner cannot be denied his right of entering his name in the revenue record.” It was the case of the State that there was no dispute on the land allocation or deposition of amount, however, in light of the embezzlement, reasonable time was sought to do the needful.

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History of this topic

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
1 week, 4 days ago

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings. The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in …

Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement
1 month ago

Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement

Live Law  

Rajasthan High Court has come to the rescue of a government employee who was denied retirement benefits after the State committed a mistake by accepting his voluntary retirement application, without his completing 15 years of prescribed qualifying service period. The bench of Justice Anoop Kumar Dhand relied upon the coordinate bench decision of Sudheer Kumar Khana v State of Rajasthan …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 2 weeks ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs
3 months, 1 week ago

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs

Live Law  

Rajasthan High Court imposed a cost of Rs. 50,000 on a father-in-law for filing a “baseless” writ petition seeking removal of his daughter-in-law from the post of patwari on the grounds of a pending FIR against her filed by him alleging her of abetting his son's suicide. The Court was hearing a writ petition filed by the petitioner seeking a …

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4 months ago

Prior Consent Of State Under Rajasthan Colonization Act Which Ceased In 1991, Not Mandatory For Sale Deed Executed In 2003: Rajasthan HC

Live Law  

In doing so the court said that merely because the petitioner's predecessors in title–either due to illiteracy or ignorance of law–failed to obtain prior consent, the rights which have accrued in favour of the purchasers cannot be set at zero, over 20 years after the sale. As per Section 13 of Rajasthan Colonization Act, 1954 no tenant shall transfer his …

Collector's Reference Made After Delay Of Over 3 Years Invalid In Law: Rajasthan HC Quashes Order Mutating Land Entries In Deity's Favour
4 months ago

Collector's Reference Made After Delay Of Over 3 Years Invalid In Law: Rajasthan HC Quashes Order Mutating Land Entries In Deity's Favour

Live Law  

The Jodhpur bench of the Rajasthan High Court quashed a Collector's 20-year-old reference order pertaining to a land parcel which said that as the land belonged to a deity–Doli Mandit Shri Thakur Ji Purohita, it could not have been recorded in the name of the original owner, from whom the petitioners had subsequently purchased the land. The bench of Justice …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
4 months, 1 week ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs
8 months ago

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs

Live Law  

The Rajasthan High Court has granted relief to the heirs of a deceased government employee whose retiral benefits were suspended by the government pursuant to the filing of a case under Section 498A, IPC against his son and all other family members including himself by his daughter in law. Consequently, without affording any opportunity of hearing to the petitioner, the …

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court
1 year, 1 month ago

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

Live Law  

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an overwhelming pertinence to the discretion of a Public Prosecutor and his role, as an officer of the court, …

Pattas Obtained By Fraud Or Concealment Do Not Confer Any Right, Limitation Not A Bar For Cancellation Of Such Land Assignments: Rajasthan High Court
1 year, 1 month ago

Pattas Obtained By Fraud Or Concealment Do Not Confer Any Right, Limitation Not A Bar For Cancellation Of Such Land Assignments: Rajasthan High Court

Live Law  

Rajasthan High Court has recently iterated that if a patta has been obtained by fraud or concealment, there lies no bar of limitation to cancel such allotment. “…The allotment has rightly been cancelled by the Additional Collector because the allotment itself was made in favour of the father of the petitioners in contravention of the Rules by treating him as …

Rajasthan Land Revenue Rules 1963 | District Collector's Order Is Appealable Before Revenue Appellate Authority: High Court
1 year, 3 months ago

Rajasthan Land Revenue Rules 1963 | District Collector's Order Is Appealable Before Revenue Appellate Authority: High Court

Live Law  

The Rajasthan High Court has iterated that no party can be left remediless merely because there is no provision for appeal provided in a statute. The Court observed thus in the context of Rajasthan Land Revenue Rules, 1963, wherein it noted that regardless of the presence or absence of such lacunae in the Act, the petitioner can prefer an appeal …

Rajasthan Urban Improvement Act | Supreme Court Delivers Split Verdict On Whether Notice Of Land Acquisition Should Be Served On Possessors Whose Names Are Not Reflected In Revenue Records
1 year, 4 months ago

Rajasthan Urban Improvement Act | Supreme Court Delivers Split Verdict On Whether Notice Of Land Acquisition Should Be Served On Possessors Whose Names Are Not Reflected In Revenue Records

Live Law  

The Supreme Court recently delivered a split verdict on whether notice must be given to possessors in a land acquisition proceeding by the acquiring authority under the Rajasthan Urban Improvement Act, when their names were not reflected in the revenue records, despite being in possession of the land. The appeal was filed against an order of the Rajasthan High Court …

Attempt To Get Civil Dispute Resolved By Invoking Criminal Court's Jurisdiction Amounts To Abuse of Process of Court: Rajasthan High Court
2 years, 10 months ago

Attempt To Get Civil Dispute Resolved By Invoking Criminal Court's Jurisdiction Amounts To Abuse of Process of Court: Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that the attempt of a complainant to get the civil dispute resolved by resorting to invoking jurisdiction of a criminal court amounts to abuse of the process of the court. Justice Birendra Kumar, while allowing the petition filed by the accused and quashing the FIR and subsequent proceedings arising-therein, observed, "After hearing the learned …

Unilateral Deposit Of Amount In Absence Of Allotment Letter Does Not Create Any Rights In Land: Rajasthan High Court
2 years, 11 months ago

Unilateral Deposit Of Amount In Absence Of Allotment Letter Does Not Create Any Rights In Land: Rajasthan High Court

Live Law  

The Rajasthan High Court observed that merely depositing an amount unilaterally by the petitioner-firm, in absence of any allotment letter, would not create any right to claim allotment of land in its favour. The court observed that the allotment of industrial plots on "first come first serve" basis is not approved in the interest of the respondent-Corporation and as such, …

If There Are No Specific Allegations In Petition, Can't Allow It To Be Supplied Through Rejoinders: Rajasthan High Court
3 years ago

If There Are No Specific Allegations In Petition, Can't Allow It To Be Supplied Through Rejoinders: Rajasthan High Court

Live Law  

The Rajasthan High Court on Monday refused to entertain a public interest litigation alleging corruption in MGNREGA. A division bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas, observed, "After going through the petition, we find that though there are allegations made in the petition, there is no prima facie material along with the petition to …

Proper Facts & Evidence Must Be Placed Before Court To Invoke PIL Jurisdiction: Rajasthan High Court
3 years ago

Proper Facts & Evidence Must Be Placed Before Court To Invoke PIL Jurisdiction: Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that a citizen approaching the court in a public interest jurisdiction holds greater duty to make full research and present necessary facts before the court to cause further investigation. A division bench of Chief Justice Akil Kureshi and Justice Rekha Borana, while disposing of the petition, observed, "A citizen approaching the Court in a …

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