PREM DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It would be apposite to note the checkered history relating to the aforesaid three cases, two of them, D.B. Civil Writ Petition No. 4195/2025 and D.B. Civil Writ Petition No. 15114/2016 were filed at the Principal Seat at Jodhpur before the Single Bench, while one writ petition bearing S.B. Civil Writ Petition No.14519/2022: Smt. Prem Devi Vs. State of Rajasthan and Ors. came to be decided at the Bench at Jaipur against which D.B. Civil Special Appeal No.59/2023 was filed and was pending at Bench at Jaipur. At the time when D.B. Civil Writ Petition No.4195/2025 was filed at Jodhpur, D.B. Civil Writ Petition No. 15114/2016 was already pending before the Principal Seat at Jodhpur.

(2.) To understand the controversy, it would be, therefore, necessary to note the prayers made in the three writ petitions which are as under: In the S.B. Civil Writ Petition No.14519/2022: Smt. Prem Devi Vs. State of Rajasthan and Ors. (now before D.B. in appeal):

(3.) It would also be necessary to mention that, so far as Prem Devi's writ petition is concerned, one Balram Sharma has appeared claiming himself to be the registered Power of Attorney holder of Prem Devi. However, the Annexure-1, claimed to be a Power of Attorney, is an agreement entered into between one Kiran Gupta, who states to be Special Power of Attorney holder for Prem Devi and entered into an agreement to get all the cases and disputes resolved within a period of seven months relating to 1/7th portion of 23.73 hectares land as against the State Government or any other person. Whereafter, in consideration of such rights, the Special Power of Attorney holder of Prem Devi and others would receive a sum of Rs.1,10,20,000.00 from Balram Sharma and if within seven months, Balram Sharma is unsuccessful in getting the matter resolved relating to the land, the agreement would stand cancelled. The agreement would be extendable further if so required. On the basis of such agreement, a writ petition was filed on behalf of Prem Devi with the prayers as made above. The original agreements dtd. 3/3/2022 and 28/8/2024, entered into between Kiran Gupta and Balram Sharma, and General Power of Attorney dtd. 23/5/2012 in favour of Kiran Gupta, have been produced before this Court by Balram Sharma, who is present in person. The same are taken on record.