SHEELA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE case of the petitioner is that she is the registered owner and recorded khatedar of land admeasuring about 2 bighas in Khata No.125, Khasra No.1394 of Patwar Halka Pushkar, Tehsil and District Ajmer. It is submitted that during the years 2009 to 2011 when the petitioner's husband Jethanand was suffering from renal failure, the petitioner could not tend to her aforesaid land. THEreafter when the petitioner visited her land in Khasra No.1394 of Patwar Halka Pushkar, Tehsil and District Ajmer, she was shocked to find that her land had been used for construction of a Pakka Feeder by the respondents. In these circumstances, the petitioner sent a notice for demand of justice on 9-8-2011 under the hand of her Advocate inter alia to the District Collector Ajmer praying for the removal of the Pakka Feeder over her khatedari land and that possession of the aforesaid land be handed back to her, but to no avail.

(2.) COUNSEL for the petitioner submits that the respondents have deprived the petitioner of her property rights over her khatedari land admeasuring about 2 bighas in Khata No.125, Khasra No.1394 of Patwar Halka Pushkar, Tehsil and District Ajmer without due process of law, without payment of any compensation, and in contravention of the petitioner's rights under Article 300A of the Constitution of India. It is submitted that in these circumstances the respondents should be directed to remove the illegal construction of the Pakka Feeder from the petitioner's khatedari land under Khata No.125, Khasra No.1394 of Patwar Halka Pushkar, Tehsil and District Ajmer, and alternatively the respondents be directed to allot suitable equivalent land in Ajmer Tehsil itself to the petitioner in lieu of her land utilised for public purpose by the construction of the Pakka Feeder.

(3.) THE writ petition stands disposed of accordingly. Stay application also stands disposed of.