Smt. Uchhav Kanwar vs State of Rajasthan and Others

Narendra Kumar Jain-I, J.—Heard learned Counsel for the Petitioner.

Petitioner has preferred this writ petition with a prayer that the Respondents be directed not to construct the road in her agricultural and bearing Khasra No. 109 situated in Village Kishanpura, Tehsil Dantaramgarh, and District Sikar.

Submission of learned Counsel for the Petitioner is that no road has been shown in agriculture land of the Petitioner bearing Khasra No. 109; the Petitioner is a widow and she is being harassed by the Respondents. Learned Counsel for the Petitioner also submitted that the Petitioner also submitted a representation in this regard to the Collector, Sikar on 08.08.2011 (Annexure-2), but the same has not been considered by the Collector, Sikar also, therefore, a direction may be issued to the Collector, Sikar to consider and decide the representation of the Petitioner sympathetically and to pass necessary order, in accordance with law thereon.

I have considered the submissions of learned Counsel for the Petitioner and examined the documents annexed with the writ petition.

A road cannot be constructed in any Khaddar land of a person concerned, unless the same is acquired and due payment of compensation is made or a public way is shown in the said land in revenue/Government record. In these circumstances, it was a duty of the Collector, Sikar to consider the request of the Petitioner sympathetically.

In these circumstances, writ petition is disposed off with liberty to the Petitioner to file a fresh representation along with copy of this order in the same matter before the Collector, Sikar and in case, such a representation is filed within 15 days, then the Collector, Sikar will consider the same in accordance with law and will pass necessary order thereon. If action of the Respondents is found in accordance with law, then a reasoned order be passed on the representation and the same may be communicated to the Petitioner. The needful may be done within a period of 15 days from the date of receipt of representation.